Danish legislation

The act on prohibition against discrimination in the labour market etc. prohibits both direct and indirect discrimination on the grounds of: race, skin colour, religion or belief, political opinion, sexual orientation, age, disability, or national, social or ethnic origin.

This applies to employees or applicants for vacancies at recruitment, dismissal, transfer, promotion or with regard to pay and working conditions. An employer must not discriminate against employees in relation to access to vocational guidance, vocational training, advanced vocational training and retraining. The prohibition of discrimination also applies to those engaged in guidance or educational activities or who assign employment. Furthermore, the prohibition applies to those who establish provisions and decide on access to practise independent professions. At the same time, the prohibition against discrimination applies to all persons who decide on membership of and participation in an employees' or employers' organisation or in organisations whose members engage in a specific occupation, including the benefits such organisations provide for their members.

The law applies to both private and public companies.

Link to the law text - https://www.retsinformation.dk/forms/r0710.aspx?id=122522


Law on equality of women and men

According to the law on the equality of women and men, no person must expose another person to any direct or indirect discrimination on grounds of gender. The law applies to all employers, authorities and organisations within public adminitration and general enterprise. The law also applies to authorities and organisations and all persons who provide goods and services which are available to the public within both the public and private sectors, including public bodies, and which are offered outside the private and family life, as well as transactions in connection with these.

Link to the law text - https://www.retsinformation.dk/forms/r0710.aspx?id=20929


Law on equal treatment of men and women with regard to employment, etc.

Law on equal treatment of men and women with regard to employment, etc. prohibits discrimination on grounds of gender. The prohibition particularly applies with regard to pregnancy or marital or familial status.

The law applies to matters of recruitment, transfer, promotion, and working conditions as well as access to vocational guidance, vocational training, advanced vocational training and retraining. The law also applies to anyone who engages in guidance and educational activities.

Furthermore, the obligation of equal treatment applies to those who establish provisions and decide on access to practise independent professions. This also applies to the establishment, structuring or expansion of a business, as well as start-up or extension of any other form of self-employed activity, including the financing thereof. Furthermore, the obligation of equal treatment applies to any person who establishes provisions and makes decisions concerning vocational training etc. and on conditions for the practise of such a profession. At the same time, the obligation of equal treatment applies to all persons who decide on membership of and participation in an employees' or employers' organisation or in organisations whose members engage in a specific occupation, including the benefits such organisations provide for their members.

Link to the law text - https://www.retsinformation.dk/forms/r0710.aspx?id=30750


Law on equal pay

According to the law on equal pay for men and women, wage discrimination must not occur on grounds of gender. An employer must therefore pay the same wages to men and women, provide the same terms of payment for the same work, or for work ascribed with the same value.

Link to the law text - https://www.retsinformation.dk/forms/r0710.aspx?id=121176


Act on equal treatment of ethnicities (outside the labour market)

Act on equal treatment of ethnicities prohibits discrimination on grounds of race or ethnic origin. The law applies to all persons. It applies in the context of social protection, including social security and healthcare, social benefits, education and access to and supply of goods and services, including housing, which are accessible to the public.

The prohibition of discrimination as regards access to and supply of goods and services affects the relationship between the company and its customers, clients, consumers, purchasers, etc. That is to say, in connection with the company's sales, services, rental services, training, etc.

The law does not apply in areas covered by the act on prohibition against discrimination in the labour market etc. or to the practise of activities of a purely private nature.

Link to the law text - https://www.retsinformation.dk/forms/r0710.aspx?id=28938


Law on the prohibition of discrimination on grounds of race, etc.

This law is a penal law unlike the above mentioned civil laws. This means that you must submit a notification to the police if you think that your equal rights pursuant to this law have been violated. The law determines that no one working engaged in commercial or nonprofit enterprise and who provides a service may discriminate against a person on grounds of his/her race, skin colour, national or ethnic origin, faith or sexual orientation. In addition, a person engaged in commercial or non-profit enterprise may not refuse another person access on the same terms as others to a place, performance, exhibition, meeting or similar that is open to the public.

A violation of the law can result in punishment by fine or imprisonment for up to six months.

Link to the law text - https://www.retsinformation.dk/forms/r0710.aspx?id=59249


The Penal Code

Section 266b of the Penal Code prohibits threatening, insulting and degrading statements and propaganda against a group of persons on grounds of race, skin colour, national or ethnic origin, faith or sexual orientation. The statements must be made public or made for the purpose of wide distribution. Violation of this prohibition may result in imprisonment for up to two years. In the case of statements directed against a single person, where the statement does not target the person as part of a group, a case may be made based on invasion of privacy or defamation pursuant to the penal code thereon.

According to section 81, (6) of the Penal Code, discrimination on grounds of others ' ethnic origin, faith, sexual orientation or similar must generally be considered as an aggravating circumstance during the sentencing of a criminal act. The provision is aimed at cases where the motive of the crime is wholly or partly attributable to these factors. The interpretation of the words "ethnic origin, faith, sexual orientation or similar" must be done based on the Penal Code, section 266b. Penal Codesection 81, (6) is not limited to specific types of crime, or cases where the perpetrator's motive has been to threaten, insult or degrade a person or group of persons. When appropriate, the provision may also be usable e.g. regarding financial crime, committed with a view to supporting a racist organisation that the offender is a member of.

Link to the law text - https://www.retsinformation.dk/forms/r0710.aspx?id=133530


Administrative legal equality principle

In the Danish administrative tradition, there are a number of legal principles which make demands on the activities of authorities. One of the maxims is that equal conditions must be treated equally before the law. This is connected to the requirement that the discretionary decisions of the administration must be based on objective considerations alone. This means that if age in a particular case is not relevant, then the municipality can not involve age as a consideration in the decision, thus placing e.g. older persons at a disadvantage to others in similar situations.

EU Directives

EU employment directive (Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation).

The directive seeks to combat discrimination.

EU equal treatment directive (Council Directive 2000/43/EC of 29 June 2000 on the implementation of the principle of equal treatment between persons irrespective of racial or ethnic origin).

The directive seeks to combat discrimination.

EU directive on equal treatment between women and men in the access to and supply of goods and services: (Council Directive 2004/113/EC of 13 December 2004 on the implementation of the principle of equal treatment between women and men in the access to and supply of goods and services).

The directive seeks to combat discrimination.

EU directive on implementation of the principle of equal opportunities for and equal treatment of men and women in matters of employment and occupation: (Council Directive 2006/54/EC of 5 July 2006 on the implementation of the principle of equal opportunities for and equal treatment of men and women in matters of employment and occupation).

The directive seeks to combat discrimination.

EU directives are implemented in Danish law by the adoption of various laws.

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