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European Equality Law Network

European network of legal experts in gender and non-discrimination

Denmark

1. Definition of disability.

2. Obligation to establish reasonable accommodation for persons with disabilities.

3. Whether a national provision entitling a dismissal with a shorter notice period because of sickness related absence is in conflict the Directive 2000/78.

The burden is on the employer to prove that reasonable accommodation imposes a disproportionate burden

A doctor’s view on the duration of an illness is very important when establishing whether an illness constitutes a disability

Date: 4 August 2015. Topics

Change of employment conditions by the employer constitutes a dismissal. The burden of proof with regard to reasonable accommodation is on the employer.

Date: 4 August 2015. Topics

Does the Danish Act on Unemployment Insurance violate the Employment Directive (2000/78/EC)?

Date: 6 March 2015. Topics

Use of statistics to document age discrimination in a case of dismissal

Date: 6 March 2015. Topics
From January 1, 2016 employers are no longer allowed to decide that an appointment automatically ends when an employee turns 70 years of age.
Definition of disability and reasonable accommodation for a person with colour blindness.
Date: 17 February 2015. Topics
The Supreme Court has decided on relevant criteria for settling the level of compensation in a case of age discrimination.
Date: 18 November 2014. Topics
Dismissal of an employee with a disability because of the employee’s lack of physical strength and flexibility was legitimate in a situation of workforce reduction.
Date: 18 November 2014. Topics
It constituted indirect discrimination on account of ethnic origin to annul tickets based on the ticket-buyers non-Danish sounding names.
It was objectively and reasonably justified by a legitimate aim to have a forced legislative retirement for priests at the age of 70 years
Date: 27 June 2014. Topics
It did not constitute discrimination on account of ethnic origin to reject access to a public meeting because of the Middle Eastern origin of the complainant’s name
Dismissal because of disability related sickness absence was objective as the employer had provided reasonable accommodation.
Date: 20 June 2014. Topics
1. Definition of disability. 2. Meaning of reasonable accommodation for persons with disabilities. 3. Whether a dismissal with a shorter notice period because of sickness related absence constitutes discrimination on account of disability.
Only an illness entailing an impairment in the full and effective participation in professional life of the person concerned constitutes a disability
Date: 14 February 2014. Topics
The national government has established an anti-discrimination unit focusing on ethnic discrimination and discrimination because of disability
It was victimization to discharge a student of his school because of his father’s complaints about racist remarks in the classroom.
It was objectively and reasonably justified by a legitimate aim to have a collective agreement provision stating forced retirement at the age of 67
Date: 13 December 2013. Topics
It was direct discrimination because of political opinion to dismiss a telemarketer who was politically active in a nationalistic party
Date: 13 December 2013. Topics

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