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Sweden: court battles for equal pay

Elisabet Ornerborg, swedish journalist, with Lag&Atval, a magazine specialized in labour issues

Even in the country with the world’s highest number of female cabinet ministers, the gender gap is not closed in the workplace

Despite an Equal Opportunities Act passed in 1979, Swedish women earn 15 to 20 per cent less than men. Five years ago, an economist won her case, proving that she took home less than her male counterparts in the same borough, although her responsibilities and education were identical. But when it comes to comparing different jobs deemed of equal value, the task is much more complex.
In 1995, almost 400 Stockholm area nurses lodged a wage discrimination complaint with their Equal Opportunities Ombudsman. Because cases are dealt with on an individual basis, three different proceedings were filed in the Labour Court. A fourth was filed separately in 1996 by two midwives from Orebro county council, in southern Sweden.
Five years down the line, none of these cases has been resolved. The nurses and midwives claim that their work is of equal value to that of male medical technicians, but that their wages are about 15 per cent lower. The former look after hospital apparatus and require less education.
The case has revolved around job evaluations. The midwives’ employers maintain that there is no salary gap between the two work categories since they receive compensation for night shifts and work four hours less. The medical technicians work days only. The Ombudsman has argued that basic monthly wages should be compared, not those taking compensation for shift work into account. The Labour Court turned to the European Court of Justice in Luxembourg, which ruled in April that basic salaries should be compared, taking the case back to the Swedish court.
“The most significant thing about these cases is that they are all focusing on the difference in pay between different professions, one dominated by women, one by men. How do you prove that work is of equal value? There is no precedent in our court about this,” explains Raija Lounavaara, of the Equal Opportunities office.
If the nurses and midwives win their respective cases, their employers will be held liable for damages. It does not follow that the 400 nurses who filed complaints in 1995 will benefit. “But rulings stating that these persons have been discriminated against will send a very important message to trade unions and employers,” said Lounavaara. Nevertheless, the nurses’ union does not support the court cases which break with the Swedish tradition of collective agreements. It argues that wages are best set through negotiation and by relying on market forces, given the shortage of nurses. Since 1995, the union has strengthened this negotiating process and obtained the sharpest wage hikes on the labour market.