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High Court upholds homosexual harassment ruling

January 2009 - Litigation & Dispute Resolution. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

More articles by this firm.

19-05-2008 - In February this year, the High Court affirmed the district court's ruling from March 2007 (see article of 11 April 2007).

Judgment by the Danish Western High Court

In February this year, the High Court affirmed the district court's ruling from March 2007 (see article of 11 April 2007).

The case concerned an employee (a baker), who after several years' employment told his employer that he was gay. From that point, the employee claimed, the employer had expressed his discomfort with the employee's homosexuality on a number of occasions.

The High Court agreed that the employer had discriminated against the employee by making humiliating and derogatory remarks about his sexual orientation contrary to s 2 of the Danish Anti-Discrimination Act. The High Court further agreed that the employee was entitled to DKK 100 000 in compensation based on length of service, the seriousness of the employer's conduct and the limited effect that the conduct had, after all, had on the employee.

The case confirms that:

  • Also harassment on the grounds set out in the Danish Anti-Discrimination Act is covered by the prohibition of discrimination

yf@norrbomvinding.com

Yvonne Frederiksen

This information does not constitute legal advice and should not be relied upon as such

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