Termination of an employee with long-term effects after COVID-19 constituted discrimination
On 3 February 2026, the Western High Court (Vestre Landsret) ruled in a case regarding whether an employee suffering with long-term effects after COVID-19 was considered disabled under the Danish Non-Discrimination Act.
The case concerned an employee who had worked for the company since 2012. In April 2021, the employee contracted COVID-19 and subsequently developed persistent long-term symptoms, including chronic headaches, fatigue, and reduced energy levels. After five weeks of full-time sick leave, the employee returned to work part-time and subsequently worked part-time for approximately 16 months. At the time of the termination, the employee was working 25 hours per week.
On 24 July 2022, the employee informed the employer of a relapse, increased use of medication, and sleep problems. She also stated that she could only work five hours per day. On 17 August 2022, she informed the employer that the job center had assessed that her work hours should be reduced to a maximum of 20 hours per week, and that a meeting regarding job retention had been scheduled. On 25 August 2022, only a few days before the scheduled meeting, the employee was terminated as one of four employees in a round of redundancies which the employer justified by a decline in orders.
High Court: The employee had a disability that the employer should have taken into account.
The City Court emphasized the company’s decline in orders and found that there was insufficient basis for considering the employee disabled at the time of the termination. Consequently, the employer was acquitted. However, the High Court reached the opposite conclusion and found that the employee was disabled under the Danish Non-Discrimination Act, and that the termination therefore violated the Act.
The High Court determined that the concept of disability in the Danish Non-Discrimination Act must be interpreted in accordance with the Employment Equality Directive and the case law of the Court of Justice of the European Union. Accordingly, illness may be considered a disability if it results in a long-term impairment that prevents the employee from participating in working life on an equal basis with others.
Based on the duration of the illness and the assessment of the Danish Medico-Legal Council (Retslægerådet), the High Court found that the employee’s post COVID-19 symptoms constituted a long-term impairment. Thus, the employee was covered by the concept of disability and by the Danish Non-Discrimination Act at the time of the termination.
The High Court also found that the employer knew or should have known that the employee was disabled within the meaning of the Danish Non-Discrimination Act. In this regard, the court emphasized the employee’s period of reduced working hours, which lasted more than 16 months, as well as the ongoing discussions about the employee’s health. The court also considered the employee’s specific information in July and August 2022 about worsening symptoms and the need for further reduction of working hours.
The High Court then determined that the established facts created a presumption of discrimination. The employer had not demonstrated that they had fulfilled their duty to provide reasonable accommodations under the Danish Non-Discrimination Act, nor had they shown that they had examined relevant options for retaining the employee.
The termination was therefore in violation of the Non-Discrimination Act, and the employee was awarded a compensation of DKK 240,000, corresponding to nine months’ salary.
Littler’s Comments
The ruling illustrates, depending on the circumstances, that long-term effects of COVID-19 may be considered as a disability within the meaning of the Danish Non-Discrimination Act when the impairment is long-lasting and significantly affects an employee’s ability to work.
At the same time, the ruling emphasizes that employers have a clear and active duty to provide reasonable accommodations before terminating an employee covered by the concept of disability under the Danish Non-Discrimination Act. If the employer fails to observe this obligation, a termination may therefore be considered unlawful discrimination.
Questions regarding the article and the legal framework may be directed to Attorney Christian Bonne Rasmussen at
Disclaimer: This article is not and cannot replace legal advice.
