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.