Amendment of the Anti-Discrimination Act. Is age just a number?

In the summer of 2022, the Danish Anti-Discrimination Act was amended to prohibit employers from obtaining information about a job applicant’s age during the application process.

The Legislation Before

The previous Anti-Discrimination Act prohibited discrimination based on factors such as age, sexual orientation, religion, disability, and other characteristics, as outlined in section 1(1) of the Act.

The Amendment to the Law

The key difference introduced by the amendment is that employers are now prohibited from collecting information about an applicant’s age during the application, recruitment, and employment process. This is reflected in the addition to section 5(2) of the Anti-Discrimination Act:

“An employer may not request information about an applicant’s age when submitting, submitting, uploading, entering, etc., a job application.”

The prohibition applies specifically to the job application process. Employers may ask about an applicant’s age during a job interview, but the applicant is not obliged to answer. However, the general prohibition against direct or indirect age discrimination remains in effect throughout the employment relationship, as stated in section 1(1) of the Act.

Exceptions

In certain cases, the collection of age information is allowed if a job or job category requires specific characteristics. This is permissible under the exceptions outlined in sections 6(2) and 5a(4) of the Anti-Discrimination Act. Examples include:

• Jobs where safety regulations require employees to meet specific age criteria, such as pilots.
• Positions for young workers where age is a determinant for wages or working conditions.

You as an Employer

Employers should take the following actions to comply with the amended legislation:

• Avoid collecting age information during the job application process.
• Focus on the applicant’s qualifications, experience, and education during interviews.
• Advertise age-specific job requirements only if there is a significant, objective reason for doing so.

Violations of the prohibition on collecting age information can result in fines assigned to the company. At Raadgiver.dk ApS, we recommend ensuring a positive and compliant recruitment experience by emphasizing professional qualifications over age-related details.

This article does not constitute and cannot replace legal advice. Raadgiver.dk ApS assumes no liability for any damage or loss, directly or indirectly, attributable to the use of the information provided in the article.

Published November 2024