Exceptions from the prohibition of discrimination : A study of Swedish and European law regarding the exemption rules from the prohibition of discrimination in working life

In this essay I have investigated and analysed the legal framework concerning the possibilities for making exemptions from the prohibition of discrimination in the labor market. I have used the legal dogmathic method in order to get a full review of the existing sources of law. I have presented the principle of equality within the EU aswell as a review of the national Discrimination Act in Swedish legislation. Furthermore, some attention has been given the different forms of exemption rules that exists. During the essay, it has been established that the impact from the court practise from the Court of Justice of the EU in this area is of a great significance for the judgements and legislation in Sweden. It has also been established that the principle of proportionality plays a big part in the assesment of whether an act is to be considered as discriminatory or if it constitutes a legal exemption from the prohibition of discrimination