"Vi lägger för denna befattning stor vikt vid personlig lämplighet" : Kandidatuppsats om användandet av begreppet personlig lämplighet vid rekrytering i offentlig sektor.

Sammanfattning: The recruitment processes include evaluation of candidates’ qualifications where the employers got the opportunity to base their recruitment decisions on personal suitability. Although the personal suitability often is used in recruitment decisions there is a lack of legal definition of what is comprised within the term personal suitability. However, there are legal regulations such as the prohibition of discrimination and demands of objective reasons in the public sector that restricts employers’ disposal of the personal suitability. This study aims to define the extent to which the concept can be used without being in conflict with the legal regulations entries that restrict the free admission for employers in the public sector. This is followed by the goal of increasing awareness by trying to identify the risks that is associated with the term and how they can be understood from a perspective of diversity in the labour market. The method used for this study is legal dogmatic with its' purpose to examine how the restrictions stands in relation to the use of the personal suitability in court cases. The result demonstrates that employers must be able to set the personal suitability in relation to the qualifications required for the requested position to prove that there is no violation with neither the prohibition of discrimination or the public requirement of objective grounds. The court cases also showed that despite the guidelines evolved through practice is still not completely uniform because each unique situation affects the legal assessment. The risks identified is that the use of personal suitability could possibly mean that discrimination becomes invisible because of possible underlying factors that will determine conclusions the employers makes to found their recruitment decision. With that realization also the problems highlighted for further studies are to in a more comprehensive study examining norms closely based on either the gender or intersectional perspective to gain a deeper understanding of how the use of the personal suitability may lead to consequences for the working populations’ opportunities in the labour market.