Main pinciples and definitions

Indirect discrimination is deemed to occur where an apparently neutral provision, criterion or practice would put persons of e.g. a particular racial or ethnic origin at a disadvantage compared with other persons, unless that provision, criterion or practice is objectively justified by a legitimate aim and the means of achieving that aim are appropriate and necessary (cf. the main Section 1(3) of the Act on the Prohibition of Discrimination in the Labour Market and Section 3(3) of the Act on Ethnic Equal Treatment).

Harassment, instruction to discriminate and victimisation are also prohibited by the Act on the Prohibition of Discrimination in the Labour Market as well as by the Act on Ethnic Equal Treatment.

The Act on the Prohibition of Discrimination in the Labour Market contains two exceptions to the prohibition of discrimination.

The Act does not apply to: 1) employers whose establishments have the aim of promoting a certain political or religious ethos (Section 6(1)), and 2) as a general exception, a Government minister can, after having obtained a statement from the Ministry of Labour, deviate from the prohibition against differential treatment if it is of crucial significance that a person has a particular, political opinion, sexual orientation, or national, social or ethnic origin, or a particular skin colour, age or disability, or belongs to a certain religion or belief, and if the requirement for such an affiliation is in reasonable relation to the work in question (Section 6(2)).

Regarding reasonable accommodation for people with disabilities, the Act on the Prohibition of Discrimination in the Labour Market obliges the employer to adapt the workplace in order to accommodate persons with disabilities, unless this will place a disproportionate burden on the employer.

The Danish acts on discrimination distinguish between natural persons and legal persons, and state that only natural persons are protected against direct or indirect discrimination on grounds of his/her race or ethnic origin or a third party’s race or ethnic origin. Discrimination based on association with an individual is explicitly covered by the Act on Ethnic Equal Treatment.

Discrimination based on association is not mentioned in the wording of the Act on the Prohibition of Discrimination in the Labour Market.

No case law on multiple discrimination has so far been dealt with before the Equal Treatment Board [Ligebehandlingsnævnet].