Positive action

Case 5: The facts

Under Norwegian law employers could advertise jobs as open to one sex only in cases where that sex was under-represented. The University of Oslo advertised 20 research posts open only to women candidates. The issue was whether the legislation breached European law.

The ruling

The court held that by giving absolute and unconditional priority to women candidates Norwegian law breached the scope of the directive. It had no provision for any kind of flexibility in selection so that the outcome would be determined solely in favour of female candidates. By not even allowing for male candidates to be assessed for suitability the law went far beyond what might be permitted as a measure of positive discrimination.

* EFTA Surveillance Authority v Kingdom of Norway [2003] IRLR 318