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Denmark. Act on prohibition against discrimination in respect of employment, 1996

 

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DENMARK

Act on prohibition against discrimination in respect of employment, 1996

(Translation)

Ministry of Labour, February 1996

Act on prohibition against discrimination in respect of employment and occupation, etc.


TABLE OF CONTENTS

Part 1 - Scope of the Act

Part 2 - Prohibition against discrimination

Part 3 - Exceptions

Part 4 - Compensation, etc.

Part 5 - Commencement and relation to other legislation, etc.


Part 1 - Scope of the Act

Section 1. (1) For the purpose of this Act the term "discrimination" means any direct or indirect discrimination on the basis of race, colour, religion, political opinion, sexual orientation or national, social or ethnic origin.

(2) This Act shall not be applicable to the extent that similar protection against discrimination exists under a collective agreement.

Part 2 - Prohibition against discrimination

Section 2. (1) An employer may not discriminate against employees or applicants for vacancies in connection with recruitment, dismissal, transfer, promotion or with regard to pay and working conditions.

(2) Discrimination as regards pay conditions takes place in the case of failure to give equal pay for equal work or work of the same value.

(3) An employee whose pay is lower than that of other employees in violation of Subsection (1) above shall be entitled to the difference.

(4) In the case of pay discrimination the burden is upon the employer to prove that the work concerned is not of the same value.

Section 3. (1) An employer may not discriminate against employees with regard to access to vocational guidance, vocational training, continued training and retraining.

(2) Such prohibition against discrimination also applies to any person engaged in vocational guidance and vocational training activities as mentioned in Subsection (1) above and any person engaged in placement activities.

(3) The prohibition against discrimination also applies to any person establishing rules on and making decisions concerning access to take up a profession.

Section 4. An employer may not in connection with recruitment or employment of an employee request, collect, obtain or make use of information concerning the race, colour, religion, political opinion, sexual orientation or national, social or ethnic origin of the employee.

Section 5. Advertisements regarding vacant positions may not indicate that a person of a particular race, colour, religion, political opinion, sexual orientation or national, social or ethnic origin is sought or preferred. Nor must it be indicated that a person with the characteristics mentioned in the first sentence of this Section is not wanted.

Part 3 - Exceptions

Section 6. (1) Sections 2 to 5 shall not apply to an employer whose enterprise has the express object of promoting a particular political or religious opinion, unless this is in conflict with European Community law.

(2) If it is of decisive importance in connection with the exercise of certain types of occupational activities or training activities that the person concerned is of a particular race, political opinion, sexual orientation, national, social or ethnic origin or has a particular colour or belongs to a particular religion, the appropriate Minister may, after having obtained the opinion of the Minister of Labour, make exceptions to the provisions laid down in Sections 2 to 5, unless such an exception would be in conlict with European Community law.

Part 4 - Compensation, etc.

Section 7. Persons whose rights have been violated because of failure to comply with Sections 2 to 4 may be awarded compensation.

Section 8. (1) Failure to comply with Section 5 shall be punishable by a fine.

(2) If the violation is committed by a company, an association, an independent institution, a fund or similar body, the fine may be imposed upon the legal person as such. If the violation is committed by the state, a municipal/county authority or an association of local authorities falling under Section 60 of the Act on Local Government, the fine may be imposed upon the State, the municipal/county authority or the association of local authorities as such.

Part 5 - Commencement and relation to other legislation, etc.

Section 9. (1) Section 4 shall not apply to the extent that other provisions are applicable under special legislation.

(2) This Act shall be without prejudice to measures being introduced by virtue of other legislation, by virtue of provisions having their legal basis in other legislation or otherwise by means of public initiatives, with a view to promoting employment opportunities for persons of a particular race, colour, religion, political opinion, sexual orientation or national, social or ethnic origin.

Section 10. This Act shall come into operation on 1 July 1996.

Section 11. This Act shall not extend to the Faroe Islands and Greenland.



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