European Tort Law Yearbook | 2019
XX. Norway
Abstract
No substantial new legislation came into force, and no proposals for new legislation were submitted in the traditional parts of Norwegian tort law in 2018, only minor amendments to existing legislation. However, the new Norwegian Act on Equality and Discrimination (Likestillingsog diskrimineringsloven) that was passed on 16 June 2017, entered into force on 1 January 2018. In this Act, four previous acts regarding equality and discrimination are combined. The preparatory works emphasised that this is an attempt to strengthen the protection against discrimination by making the regulation more accessible, and by making certain parts of the legislation more visible. As an example, the regulation of sexual harassment that was previously only mentioned in the preparatory works has now become a part of the Act itself. § 38 of the new Act establishes strict liability for employers regarding economic loss and non-pecuniary loss when they fail to comply with the regulations. For others, negligence is required for liability. The regulation regarding employers is a continuation of the four previous acts and does not represent any material changes. However, the preparatory works emphasise that § 38 has to be interpreted according to the relevant EU directives. The preparatory works also emphasise that § 38 does not restrict the ability to file claims according to the common rules of tort law.