Denmark
Overview
Please review the information below and then return to the workplace harassment prevention course.
Harassment and discrimination based on a protected characteristic are prohibited under national law. National law also provides employees protection from bullying.
Applicable Laws
The primary national laws prohibiting employment discrimination and harassment on the basis of any protected characteristic are:
- The Act on Equal Treatment of Men and Women in Relation to Employment, Consolidated Act No. 645 of 8 June 2011, and
- The Act on Prohibition against Discrimination in the Labour Market, Consolidated Act No. 1001 of 24 August 2017.
Employers have an obligation, under the Working Environment Act, to provide a safe and healthy physical and psychosocial working environment, to prevent offensive behaviour, including bullying and sexual harassment, and to stop this conduct if it occurs.
Protected Characteristics
Harassment or discrimination based on any characteristic set forth below is prohibited in Denmark.
- Gender (including pregnancy and child-related leave)
- Race or colour
- Religion, belief, or political opinion
- Sexual orientation
- Age
- Disability
- National, social, or ethnic origin
- Gender identity, gender expression or gender characteristics
Regional, state or other political subdivision laws may provide additional, separate standards and remedies for certain prohibited conduct.
Definitions
Harassment
Harassment occurs when unwanted behavior related to a protected characteristic is exhibited for the purpose or effect of violating a person’s dignity and creating a threatening, hostile, degrading, humiliating or uncomfortable work environment for that person.
Sexual Harassment
Sexual harassment occurs when unwanted verbal, non-verbal or physical behaviour with sexual undertones is exhibited for the purpose or effect of violating a person’s dignity, in particular by creating a threatening, hostile, degrading, humiliating or uncomfortable work environment.
Filing a Claim in Denmark
A claim for employment discrimination or harassment may be filed with the Equal Treatment Board.
Employment discrimination and harassment claims may also be filed with an employment tribunal or in court.
Reports concerning offensive behaviour, including bullying, may be made to the Working Environment Authority.
Potential Remedies
In Denmark, an employee who has experienced workplace discrimination or harassment may be entitled to monetary and other remedies. An employer may be required to take certain actions to correct or redress discriminatory harassment or violations of workplace safety standards.
Retaliation Prohibited
Employer retaliation against an employee who files a complaint relating to discrimination or harassment or is involved in the complaint process is unlawful.
The information contained on this page is for informational purposes only.
It does not, and is not intended to, constitute legal advice.