A person who has been discriminated against or victimised is entitled to receive compensation from the employer. Such compensation must be proportionate to the severity of the action. The severity of the action is assessed by taking into account the type, extent and duration of the infringement. There is no statutory upper or lower limit to such compensation.
If the employer and employee cannot reach agreement on compensation, the employee must file a claim for compensation with a District Court. A claim of discrimination must be filed within two years of the alleged infringement. In the case of continuous discrimination, a claim must be filed within two years of the discrimination ending. However, regarding hiring situations, a claim must be filed within one year of the job applicant receiving notice of the hiring decision.
When a discrimination case is heard in court as a civil case, a shared burden of proof is applied. What this means is for instance that if an employee or job applicant presents concrete facts and reports on the basis of which there is reason to suspect that an infringement of the prohibition on discrimination has occurred (assumed discrimination), then the burden of proof is on the employer to prove that the provisions on discrimination or victimisation were not violated. Simply claiming discrimination is not enough.
The court may adjust the compensation or dismiss the compensation claim if the compensation would prove unreasonable in view of the employer’s attempts to prevent or remove the impacts of the action and also the financial position of the employer.Being awarded consumption in court does not disqualify from being awarded damages under the Tort Liability Act or any other legislation.