The Danish Parliament has passed the Bill to amend the Danish Act on Equal Treatment of Men and Women which was introduced by the Danish Ministry of Employment in November 2018 on the basis of the #MeToo movement.
The Danish Parliament has passed the Bill to amend the Danish Act on Equal Treatment of Men and Women which was introduced in November 2018 by the Danish Ministry of Employment in the wake of the #MeToo movement.
With the Bill, the Act now specifies that employers’ obligation to provide equal employment terms for men and women also covers a prohibition on sexual harassment. According to the explanatory notes to the Bill, the Ministry’s intention is to specify that in the assessment of whether sexual harassment in conflict with the Act has occurred weight should not be given to the issue of whether the tone of communication at the workplace is normally “casual”, “informal” or “bantering”.
In addition, new wording has been added to the Act to specify that when fixing the compensation amount it may be taken into account that the violation constituted a breach of the prohibition on sexual harassment. The purpose is to increase the compensation level in sexual harassment cases by one-third compared to the current level estimated at DKK 23,700 in the Bill.
The amendment entered into force on 1 January 2019.
The content of the above is not, and should not be a substitute for legal advice.
Dismissal of an employee with a reduced-hours job who reached the statutory retirement age did not constitute unlawful discrimination
The Danish Supreme Court has established that an employer’s dismissal of a disabled employee with a publicly funded reduced-hours job when he reached the mandatory retirement age and the public funding lapsed did not conflict with the Anti-Discrimination Act.
When is a functional impairment a long-term one?
The Danish Western High Court was not satisfied that an employee’s functional impairment at the time of dismissal could be expected to be a long-term one – and for that reason the employee did not have a disability within the meaning of the Danish Anti-Discrimination Act.
#MeToo – consultation launched on new Bill
As a result of the global focus on issues relating to sexual harassment in the labour market caused by the #MeToo movement, the Danish Ministry of Employment has launched a consultation on a Bill to amend the Danish Act on Equal Treatment of Men and Women. The Bill e.g. involves an increase in the compensation level in sexual harassment claims.