Språkkrav vid rekrytering : Var går gränsen mellan ett lämpligt och nödvändigt kunskapskrav i svenska språket och etnisk diskriminering? / Language requirements in the recruitment process : An appropriate and necessary mean or discrimination on grounds of ethnicity?
- Authors
- Publication Date
- Jan 01, 2017
- Source
- DiVA - Academic Archive On-line
- Keywords
- Language
- Swedish
- License
- Green
- External links
Abstract
The migration to Sweden has increased in the last few years and in order to diminishsegregation and unemployment among the population, it has been a prioritized matterto help the migrants to enter the Swedish labour market. Employers that set languagerequirements when recruiting can reduce the possibility for a person with a differentethnical background to obtain employment. These language requirements can beappropriate and necessary to achieve a legitimate purpose. This study aims toinvestigate in which cases the employer has the right to set a language requirementand in which circumstances setting the requirement is discriminatory on grounds ofethnicity. In order to answer the research question, a legal dogmatic method has beenused.The investigation indicates that the court judge discrimination on grounds of ethnicityvery restrictively and in some cases fails to enforce the law correctly. Employersseem to evade sanctions easily, for example by implying that the decision is based onthe applicant’s personal qualities. This could be a reason why there are only a fewcases taken to the court.
