Search News and Articles
Electronic recruitment
Discrimination - Equal Treatment Act
Using an electronic recruitment system which requires information about applicants' age is not contrary to the Danish Anti-Discrimination Act.
Under the Danish Anti-Discrimination Act, age must not be a factor in employers' decision to recruit or not. But does having an electronic recruitment system which requires applicants to enter their age amount to discrimination? That was the issue before the Danish Board of Equal Treatment in this case.
Applicants wishing to apply for a job at a public authority had to fill in a standard application form on the authority's website and, among other things, state their gender, age and address. There was no mention on the website that applications could also be submitted by email or ordinary post.
A 61-year-old applicant thought it was too bad that, as a result of this set-up, old applicants could be screened out, and therefore lodged a complaint with the Danish Board of Equal Treatment.
Before the Board, the public authority argued that the set-up of the website was a standard set-up which was the same for all applicants – and that the purpose of the set-up was to provide the authority with statistics. In addition, applicants could still apply by email or ordinary post.
Nothing to criticize
The Board dismissed the complaint. There was nothing wrong with the website, and the Board referred in this connection to the fact that the Danish Anti-Discrimination Act does not prohibit employers from collecting or receiving information about age in recruitment situations.
The Board dismissed the complaint. There was nothing wrong with the website, and the Board referred in this connection to the fact that the Danish Anti-Discrimination Act does not prohibit employers from collecting or receiving information about age in recruitment situations.
Norrbom Vinding notes:
- that the Danish Anti-Discrimination Act does not prohibit employers from collecting or receiving information about age in recruitment situations, but
- that, as a general rule, employers are not permitted to use age as a selection criterion in recruitment.
The above does not constitute legal advice and should not be relied upon as such
For more information please visit www.norrbomvinding.com
