Skip to main content

Supreme Court Ruling on the Scope of an Employer’s Duty to Accommodate

Published: 28 January 2025

On December 3, 2024, the Danish Supreme Court issued a ruling on the scope of the employer’s obligation to reassign employees with disabilities as part of the duty to accommodate under Section 2a of the Danish Anti-Discrimination Act.

The ruling establishes that, before dismissing a disabled employee, the employer is required to consider whether the employee can be transferred to another vacant position within the company for which the employee is qualified, suitable, and available, and that does not impose an unreasonable burden on the employer. Relevant positions may include work of a different nature than the work previously performed by the employee as well as positions in a different part of the company.

Read more employment law news from Q4 2024 from offices including, but not limited to, Austria, Brazil, Canada, China, Croatia, Czech Republic, Egypt, France, Hungary, Malaysia, Mexico, Morocco, Mozambique, Nigeria, Norway, Peru, Poland, Russia, Singapore, South Africa, South Korea, Sweden, Turkey, Venezuela and Vietnam, in our newly launched Littler Global Guide Quarterly.

Contact us

Tel (+45) 44 14 30 90
Email: This email address is being protected from spambots. You need JavaScript enabled to view it.

Privacy policy

Address

Islands Brygge 26
DK-2300 Copenhagen S
Denmark
CVR 43406604

LinkedIn

Back to the top