Etnisk strukturell diskriminering i arbetslivet : när ditt namn väger tyngre än dina meriter.

Sammanfattning: The situation on the Swedish labour market is different in opportunities whether you are a native Swede or someone who has a foreign background. People with foreign backgrounds tend to have lower wages, higher rate of unemployment and often have temporary employment contracts. There is a conception that the Swedish culture is the standard and other foreign cultures are abnormal and different. The purpose of this study has been to investigate why there is discrimination on the labour market against ethnic minorities and how the Swedish history has contributed to the structural ethnic discrimination that we are struggling with. I have been using the right dogmatic method and a social science perspective as complement in order to answer the purpose.   The legislation forbids ethnic discrimination, although the struggle is real and people get discriminated due to their ethnic heritage. Even though there are statistics and studies that confirm the ethnic discrimination on the labour market, the court cases are low and there has only been one conviction since 2002. There is a burden of proof that is controlled in the Swedish legislation, where the one who has been exposed of discrimination must proof that it is so. Then it is up to the defendant to prove the opposite. Because of this Arbetsdomstolen must take a stand whether which party is more reliable, based on both parties ability to persuade. Regarding the two cases known as the “racist cases”, Arbetsdomstolen put importance on the fact that the working atmosphere was harsh and the dialogues between the employees were tough. Even though it clearly was not considered as wanted by all, Arbetsdomstolen went with the majority and did not consider their behavior as discriminating. This could be an indicator on the fact that the structural discrimination against ethnic minorities and the idea of your own culture as the right one and the alienation against cultures that are “divergent” are deeply rooted even in authorities.   All people no matter where you come from should as the law regulates have the same opportunities and rights. I believe the problem is not with the law itself, but with the people and the structure in society. We have to change the way we alienate foreign cultures and undermine them, your ethnicity doesn’t decide your qualifications.