@misc{9226543,
  abstract     = {{The preparatory work for the Discrimination Act claims, only a small proportion of the
discrimination cases brought before the Labour Court result in a conviction. Both critics and
the DO believe that that same proportion has a background in the Labour Court's assessment
and how well the Labour Court justifies its assessment. The critical discussion rarely includes
what the judgments actually look like in practice.

The aim of the study is to investigate whether the low conviction frequency can also be
explained by the plaintiff's claim. That is, the party alleging that discrimination has occurred.
To do this, judgments from the entry into force of the Equality Act to the present day are
examined and analysed. The judgments analysed cover the grounds for discrimination of
gender, ethnicity, religion or other belief and age. They also only cover the forms of
discrimination of direct and indirect discrimination. For the cases that were dealt with before
the forms were introduced into the law, discrimination based on previous laws is covered. The
use of a legal dogmatic method is supplemented with an analytical approach to identify the
decisive factors in the plaintiffs' claim.

The study's investigation identifies that the lawsuit in these cases has a major impact on the
outcomes. This impact, however, differs case by case. The approved lawsuits that are well-
formulated and well-structured according to the law. The rejected lawsuits, on the other hand,
are largely unrelated to the requirements or scope of the Discrimination Act. Also noted is that
some plaintiff's lawsuit may have underlying purposes in the form of highlighting and making
visible injustices that the law does not cover. The outcome of a case cannot be viewed solely
from the plaintiff's lawsuit but needs to be seen in combination with the Discrimination Act,
which appears to be difficult to navigate. The plaintiff's statement also needs to be read together
with the Labor Court's justification for the judgment.}},
  author       = {{Kärrman, Alva}},
  language     = {{swe}},
  note         = {{Student Paper}},
  title        = {{Att inte få rätt i rätten - En undersökning av diskrimineringsmål i Arbetsdomstolen med fokus på kärandens talan}},
  year         = {{2026}},
}

