Kurs i arbetsrätt 2. Före anställningen 2.4 Intervjua personal, vad får jag fråga?

The employer's most important tool

Two of the most important tools for employers when hiring are:

  • The job interview
  • Reference tagging

What is important to keep in mind as an employer is the Discrimination Act and the grounds for discrimination that exist.

Introduction to the Discrimination Act and the grounds for discrimination

What is important to keep in mind as an employer is the Discrimination Act and the grounds for discrimination that exist. The grounds for discrimination are:

  1. Gender
  2. Transgender identity or expression
  3. Ethnicity
  4. Religion or other beliefs
  5. Disability
  6. Sexual orientation
  7. Age
  8. Parents on parental leave

Both direct and indirect disadvantages can be discrimination

An employer may not discriminate against anyone who makes an inquiry or applies for work with the employer. Discrimination is divided into:

  1. Direct discrimination

This is the typical case. For example, you ask the job applicant if he or she intends to take parental leave while working and then you tell him or her that he or she will not get the job because of this. There is a direct discrimination between the fact that he/she did not get the job and the basis for what is a ground of discrimination.

2. indirect discrimination

An example of indirect discrimination is when a criterion is set for a job that at first glance appears to be neutral but which indirectly disadvantages someone because of a ground of discrimination where the criterion is not really needed. Setting requirements for good Swedish for a position as a professor of Swedish literature is understandable, but setting the same requirements for a cleaning position may discriminate against those of a different ethnicity than Swedish.

What questions should I not ask?

Do not ask questions related to any of the grounds of discrimination in 1-8

For example:

  • Origin
  • Faith
  • Past medical history
  • Who they live with
  • Plans for children or parental leave

You should also avoid asking questions about trade union membership or information that may constitute trade secrets from previous employers. From 2026 onwards, employers are also not allowed to ask questions about salary in previous employment.