Discrimination
The rules of the Discrimination Act protect employees from being discriminated against both before employment, during employment and upon termination.
It follows from the law that an employer may not directly or indirectly discriminate against employees or applicants for vacancies because of:
- Race, skin color or ethnic origin
- Religion or belief
- Sexual orientation
- National or social origin
- Political view
- Age
- Handicap.
What is direct discrimination?
It is direct discrimination if a person due to e.g. religion, sexual orientation or disability are treated less favorably than another in a similar situation.
This means that it is direct discrimination if an employer fails to employ a person - or dismisses an employee - on the grounds that he or she has a particular religion, sexual orientation or disability.
What is indirect discrimination?
Indirect discrimination can be described as when something seems neutral at first glance nevertheless places persons of a particular race, color, religion or belief, political opinion, sexual orientation or national, social or ethnic origin, of a particular age or disability at a disadvantage compared to other people.
If, for examplean unnecessary language requirement is set for a position as a dishwasher in a restaurant, it would be indirect discrimination. The requirement to speak a certain language excludes those who do not speak the language, which is unreasonable in relation to the specific work tasks in the position of dishwasher.
An exception is, however, if the requirement - for example - the language requirement - is objectively justified for a factual purpose. It will therefore be in order if an application for a position as a German teacher requires that the applicant speaks and writes fluent German. Here it is objective to make such a claim, even if the claim affects all those persons who do not speak and write fluent German.
When does the protection against discrimination apply?
An employer may not discriminate against employees or applicants for positions in connection with employment, transfer, promotion, dismissal or with regard to pay and working conditions.
Special rules for disability
Generally speaking, it is a 'disability' within the meaning of the Discrimination Act when an employee has a long-term illness that entails long-term functional limitations that prevent the employee from working on an equal footing with other employees.
According to the law, an employer will be obliged to adapt the workplace in relation to the employee's disability. Therefore, in dialogue with the workplace, appropriate and concrete measures must be found that are necessary for the employee to be able to handle the work.
There is no exhaustive list of what is considered to be a disability within the meaning of the Discrimination Act. It will always depend on a concrete assessment of all the circumstances of the case whether the disorder entails long-term health limitations that prevent the employee from participating fully in working life.
You can e.g. suffer from back problems after a traffic accident. If the back problems limit you permanently compared to other employees, you have a disability within the meaning of the Discrimination Act. Therefore, your employer must adapt the workplace as good as possible to your ailment. It could, for example, be when purchasing a new office chair.
Finally, contact Pharmadanmark’s Legal Department if you believe that you have been / are being discriminated or have questions about the subject.