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Electronic recruitment

April 2012 - Employment. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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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.‎
 
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