Denmark / The Board of Equal Treatment / Jr. nr. 21-30929
Country
Denmark
Year
2022
Decision/ruling/judgment date
Wednesday, December 07, 2022
Incident(s) concerned/related
Discrimination
Related Bias motivation
Race/Ethnicity
Groups affected
eu citizens & nationals with migrant background
Court/Body type
National Human Rights Body
Court/Body
Ligebehandlingsnævnet (The Board of Equal Treatment)
Key facts of the case
The case concerned whether af woman was discriminated against based on her ethnicity by the municipal administration in relation to their ruling on sickness benefits. The administration had asked questions regarding the women's Turkish origin which was considered as discrimination by the Board.
Main reasoning/argumentation
The Board ruled that the questions related the women's etnic origin was irrelevant to the evaluation of the women's capacity to work.
Is the case related to the application of the Framework Decision on Racism and Xenophobia, the Racial Equality Directive?
Key issues (concepts, interpretations) clarified by the case
The case provided clearance on what constitutes discriminatory practices in individual case management by the municipal administration in realtion to the payment of sick benefits.
Results (sanctions, outcome) and key consequences or implications of the case
The Board ruled that the municipality had harrassed the woman due to her ethnic origin by asking her irrelevant questions related to her ethnicity. The women was granted a compensation on 10.000 DKK.
Key quotation in original language and its unofficial translation into English with reference details
DK: "Nævnet vurderer på den baggrund, at den indklagede kommune ikke i tilstrækkeligt omfang har godtgjort, at alle de stillede spørgsmål havde relevans for vurderingen af klagers uarbejdsdygtighed.". EN: "On this background the Board comes to the conclusions that the municipal administration did not provide sufficient evidence that the questions was of relevans to the complainant's ability to work."
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