Littler Global Guide - Denmark - Q4 2019

Browse through brief employment and labor law updates from around the globe. Contact a Littler attorney for more information or view our global locations.

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A Case of Double Discrimination

Precedential Decision by Judiciary or Regulatory Agency

Author: Tina Reissmann, Partner - Labora Legal

A Danish district court has confirmed that the dismissal of a female wheelchair user who had just returned from maternity leave contravened both the Anti-Discrimination Act and the Act on Equal Treatment of Men and Women. The employer alleged that the termination was based on its financial situation. The court found that the employer had failed to meet its burden of proof to explain why this specific employee should be made redundant, in spite of the special protection against dismissal that she enjoyed due to her disability. The court awarded the employee a total compensation under both legal bases of approximately 12 months’ salary.

Data Protection Agency Changes Practice Regarding Images on the Internet

New Regulation or Official Guidance

Author: Tina Reissmann, Partner - Labora Legal

The Data Protection Agency has changed its practice in relation to publication of images on the Internet. When photos of people are published on the Internet, it constitutes processing of personal data if the people photographed are identifiable. When assessing whether an image can be published without consent, the Data Protection Agency has until now distinguished between ”portrait photos” and ”situational images,” depending on whether the purpose of the image was to depict a person or a situation/activity. So far publication of portrait photos has required consent from the person photographed. In contrast, situational images could be published without consent. Instead of distinguishing between portrait photos and situational images, the Agency will make an overall assessment of each individual image and the purpose of the publication to evaluate if the image can be published on the Internet without consent from the person(s) photographed. The data controller – including employers – must therefore prior to publishing an image determine the basis of the processing, including the purpose of the publication. In addition, the data controller must make sure that the people photographed are aware that the image will be published to safeguard their rights, including their right of access.

The Danish Government’s Legislative Program for 2019/2020

Proposed Bill or Initiative

Author: Tina Reissmann, Partner - Labora Legal

The Government recently announced a list of bills it expects to introduce during the new parliamentary year. The measures that are particularly relevant for the field of labor and employment law concern the right to early retirement, jobs on flexible terms, the issuing of tax cards to third-country nationals, annulment of the repeal of taxation of free telephone and internet, as well as amendments of the laws on pensions, sick benefits, working environment, immigration, among others.

Where’s the Limit for #MeToo Actions?

Important Action by Regulatory Agency

Author: Tina Reissmann, Partner - Labora Legal

The social partners and the Danish Working Environment Authority recently launched a campaign to prevent sexual harassment, as well as unacceptable and offensive conduct in the workplace. Against the backdrop of the #MeToo movement, last year, the Danish Parliament adopted a Bill to amend the Act on Equal Treatment of Men and Women. The amendment has helped focus attention on sexual harassment in the workplace. Now the social partners and the Working Environment Authority have joined forces for the campaign Where’s the Limit?, further bringing into focus the prevention of sexual harassment. The goal of the campaign is to prevent unacceptable and offensive conduct at the workplace and, thus, aiming at creating a working environment and workplace free from sexual harassment. As part of the campaign, a website has been set up to provide material regarding the subject. Such material includes a campaign video and a leaflet with ten recommendations on how to prevent and handle sexual harassment. A tool for dialogue has also been developed, comprising a range of dialogue cards intended to facilitate discussions about and prevention of sexual harassment at the workplace.

Information contained in this publication is intended for informational purposes only and does not constitute legal advice or opinion, nor is it a substitute for the professional judgment of an attorney.