The ECJ recently found that a provision in a German collective agreement on overtime pay potentially violated the prohibition of discrimination against part-time employees as well as the prohibition of discrimination on grounds of gender.
Adjustments to the Gender Equality Act to ease administration in the public sector – bill sent out for consultation
A draft bill that proposes to abolish gender equality statements and to simplify rules on the gender composition on boards of directors has been sent out for consultation. The new rules are expected to enter into force on 1 January 2025.
Reason for dismissal was off the mark
An employer’s wish to help a dismissed employee by giving an incorrect dismissal reason in the termination letter could not lead to the principle of equal treatment not being breached.
In, or not in, fertility treatment?
An employee who was planning to undergo fertility treatment but had not yet started the treatment was not covered by the special protection against dismissal in the Equal Treatment Act.
Change in maternity leave terms gave rise to compensation
A pregnant employee was entitled to compensation under the Equal Treatment Act as a result of a material change to her maternity leave terms even though she had not left her position.
Gender composition of management – updated guidelines
The Danish Business Authority has published updated guidelines on target figures and policies for the gender composition of management and for reporting on this issue.
Bill on preventing and tackling sexual harassment
The Ministry of Employment recently introduced a bill aiming to implement parts of the tripartite agreement on combatting sexual harassment in the workplace, but the 1 November general election means legislative progress is currently on hold.
Take time to consider
The Board of Equal Treatment has heard two complaints about whether it was contrary to the Anti-Discrimination Act to refuse to employ candidates with a disability. In the first case, the Board found that the company had met its duty to accommodate; in the other case, the company had not.
Liable for not preventing and dealing with sexual harassment
An employer was held liable for not preventing and dealing with an employee’s sexual harassment of another employee and for dismissing the employee when she informed the employer of the sexual harassment.
Tripartite agreement on initiatives against sexual harassment
The Government and social partners have entered into a tripartite agreement on sexual harassment to support a cultural change in this area.