Norway's Equality and Anti-Discrimination Act 2017 aims to prevent discrimination in recruitment, including bias based on gender, ethnicity, age, disability, and other protected characteristics. For recruitment agencies, this means adapting processes to reduce unconscious bias and comply with reporting and data protection requirements.
The Equality and Anti-Discrimination Act 2017
The Likestillings- og diskrimineringsloven (Equality and Anti-Discrimination Act) came into force in 2017. It consolidates several prior laws on discrimination in Norway, creating a single framework covering gender, ethnicity, disability, sexual orientation, religion, age, and other grounds.
Under the Act, employers and recruitment agencies are generally required to work actively to promote equality and prevent discrimination in hiring. This includes:
- Avoiding direct and indirect discrimination during recruitment.
- Making reasonable adjustments for candidates with disabilities.
- Documenting equality measures and results.
While the Act doesn't explicitly mandate blind hiring, its principles encourage minimising bias by withholding personal information that is irrelevant to job performance. Many Norwegian agencies apply blind hiring techniques voluntarily or as part of their equality policies.
The Act also requires agencies to cooperate with the Equality and Anti-Discrimination Ombud for any investigations or complaints.
Reporting obligations for staffing agencies
Under the Equality and Anti-Discrimination Act and accompanying regulations, staffing agencies in Norway typically have reporting duties to demonstrate compliance. These include:
- Annual reporting on equality and anti-discrimination efforts, including recruitment practices.
- Reporting any identified discrimination cases and corrective actions.
- Providing data on gender balance and diversity within their candidate pools and placements.
These reports help the Norwegian Labour Inspection Authority and other bodies monitor agencies' compliance. Agencies often integrate these reporting requirements into their internal audits and HR policies.
Failing to meet reporting obligations may lead to investigations and reputational risk, though the Act doesn't specify fixed penalties for non-compliance.
GDPR obligations in Norway (EEA member)
Norway isn't an EU member but participates in the European Economic Area (EEA), meaning the GDPR applies through the EEA Agreement. Recruitment agencies processing personal data must comply with GDPR principles alongside national law.
Key GDPR considerations for recruitment agencies in Norway include:
- Lawful basis: Typically, consent or legitimate interest justifies processing candidate data.
- Data minimisation: Only collect data necessary for recruitment decisions.
- Transparency: Inform candidates about data use, storage, and rights.
- Data subject rights: Facilitate access, correction, erasure, and objection requests.
- Data security: Implement technical and organisational measures to protect candidate data.
Specific to blind hiring, agencies should ensure personal data removed for bias reduction is handled securely and that candidates can still exercise their GDPR rights.
Agencies should also be aware of the Norwegian Personal Data Act, which supplements the GDPR with national provisions.
For detailed guidance on GDPR and recruitment, see GDPR CV compliance for recruiters.
Practical compliance checklist
Use this checklist to align your recruitment agency with Norway's blind hiring and equality obligations:
- Review your recruitment process for potential bias points.
- Consider anonymising CVs by removing names, photos, graduation years, and other identifiable details.
- Ensure your blind hiring practices comply with GDPR, including informing candidates about data processing.
- Document your equality measures, including blind hiring policies and outcomes.
- Prepare annual equality and diversity reports with relevant data on candidate pools and placements.
- Train recruitment staff on the Equality and Anti-Discrimination Act and unconscious bias.
- Establish procedures for handling discrimination complaints and cooperating with the Ombud.
- Regularly audit your processes for compliance and effectiveness.
Blind hiring techniques are a helpful tool but not a full compliance solution. They work best alongside broader equality initiatives and robust data governance.
FAQ
Is blind hiring mandatory under Norwegian law?
No. The Equality and Anti-Discrimination Act requires active equality measures but doesn't explicitly mandate blind hiring. Many agencies adopt it voluntarily to reduce bias.
What candidate information can I remove to reduce bias?
Commonly removed details include name, photo, date of birth or graduation year, gender, and nationality. Avoid removing qualifications or experience relevant to the role.
How do I balance GDPR with blind hiring?
Ensure candidates know what data you remove and why. Maintain a lawful basis for processing, keep anonymised data secure, and enable candidates to exercise their GDPR rights.
What happens if I fail to report equality data?
While there are no fixed penalties for missing reports, failure to comply may lead to investigations and damage your agency's reputation.
Where can I find more resources on blind hiring laws in Europe?
See Distill's guide to blind hiring laws by country: UK, EU, ANZ and the Sweden compliance guide.
If your agency regularly submits CVs to Norwegian clients, Distill can strip names, emails, photos, and graduation years before submission, helping you reduce bias and meet equality standards while keeping GDPR obligations in check. Try Distill free today.