An analysis from Tekna in 2023 revealed that there was still a salary difference of between two and three per cent between female and male members, even after adjusting for education, sector, responsibility and position level. At the same time, the law is clear that employers are responsible for ensuring that discrimination does not occur.
What does the law say about discrimination on the basis of gender, Tekna lawyer Anette Moldrem?
– In Norway, it is prohibited to discriminate on the basis of, among other things, gender. The Equality and Anti‑Discrimination Act contains a specific provision on equal pay. It states that women and men in the same undertaking must receive equal pay for the same work or work of equal value. Salary must be determined according to the same gender‑neutral criteria, without regard to gender. If women and men are paid differently because of gender, that is simply unlawful discrimination.
Does that mean that everyone who performs the same job must always receive the same salary?
– No, and that is important to clarify. Equal pay does not mean that women and men must always earn exactly the same. Differences in pay can be entirely lawful as long as they can be explained with gender‑neutral factors. These may include individual performance, seniority, market considerations or specialised expertise. If a woman earns more because she negotiated well when she was hired, that is not discrimination, as long as the man had the same opportunity to negotiate, she says.
Employers’ responsibility
What responsibility do employers have beyond avoiding direct discrimination?
– All employers in Norway have a legal duty to work actively to promote equality and prevent discrimination, including when it comes to salary and working conditions. This is known as the employer’s duty to act and report, often referred to as ARP.
What does this duty mean in practice?
– The core of ARP is that the employer must work preventively and systematically. It is not only about intervening when someone raises a complaint, but about preventing discrimination from arising in the first place, and promoting equality even where no concrete problems have been identified. It is similar to health and safety work: you identify risks, analyse challenges and implement measures in relevant areas. All employers must do this continuously and in cooperation with employee representatives.
Do all employers have the same requirements?
– The duty applies to everyone, but employers with more than 50 employees have a particular responsibility. They must publicly report on how they work with equality, and they must carry out salary mapping broken down by gender. This reporting requirement is called the duty to report and is often found in the organisation’s annual report.
Why is it important to map salary and salary differences?
– Salary mapping is essential, and that is why it has a dedicated place in the legislation. Employers must map salary conditions by gender and by work of equal value. The purpose is to uncover whether salary differences exist between women and men, and to make salary setting more transparent. If unexplained differences are identified, the employer is obliged to act.
What information can employees access?
– Salary mapping must be done in a way that allows employees to compare their own salary with the average for their job category. This provides a better basis for understanding one’s own salary situation.
What should employers and employee representatives reflect on when working with gender and salary?
– Many things. For example: How is salary determined in our organisation? Do women and men have the same career opportunities? Who is given assignments? How can we prevent absence due to parental leave from having a negative impact on salary? Which qualities are rewarded in salary negotiations? And are these criteria truly gender‑neutral?
What can employees do?
How can employees make use of the legal framework in practice?
– As an employee, you have the right to access the employer’s equality report and salary mapping. This allows you to see how the organisation works with equality and to compare your own salary with others in the same job category.
What if you suspect salary discrimination?
– Then you have the right to request access to the salary of colleagues of the opposite gender, without having to justify your suspicion. The colleague will be notified that you have been given access. If there are salary differences that the employer cannot explain with competence, experience, responsibility or performance, this may serve as evidence.
Is it easy to win such cases?
– No, cases involving salary discrimination can be difficult to prove. That is why it is important to think strategically. Have you had salary conversations? Have you made your contributions clear? What career opportunities exist? Often, these conversations are a better place to start.
Some argue that employees who have been on parental leave should receive lower salary adjustments because they have been absent from work. What is your view on this?
– We need to take a broader view. Since women often take longer parental leave than men, negative consequences of absence will affect women the most. This would be a barrier to equality and lead to persistent pay inequalities. In Norway, most people want a society where it is possible to combine work and family life. Ensuring that parental leave does not negatively affect salary development is therefore both a matter of equality and social responsibility.
In summary: what is your most important advice to employers?
– Take the responsibility seriously. Work systematically, preventively and consciously with equality and salary. It benefits employees, the organisation and society as a whole.
