Dismissal in contravention of the Act on Prohibition against Discrimination

Case no. 305/2016
Judgment delivered on 22 November 2017

The Danish Employers’ Association for the Financial Sector acting for A A/S
vs.
Finansforbundet (Financial Services Union Denmark) acting for B

The issue in the case was whether B had suffered discrimination on the grounds of disability when A dismissed her.

The Supreme Court held that it was not a condition for the existence of a disability within the meaning of the Danish Act on Prohibition against Discrimination on the Labour Market that B’s fatigue was due to an illness that had been diagnosed by a doctor. This decision was to be based on an assessment of all the circumstances of the case.

The Supreme Court considered that B’s condition was a disability, and that A had not taken appropriate measures to allow B to continue in employment. The dismissal of B thus amounted to discrimination on the grounds of disability in contravention of the Danish Act on Prohibition against Discrimination.

The High Court had reached the same conclusion.