2016/26 Dismissal of an employee with a disabled child was not discriminatory by association (DK)

It was neither direct nor indirect discrimination when a municipality dismissed a childminder with a disabled child, since the decision to dismiss was based on the interests of safeguarding children in the municipality’s childminding services, by not taking them out of their usual environment and placing them with a childminder they did not know.

2016/26 Dismissal of an employee with a disabled child was not discriminatory by association (DK)

It was neither direct nor indirect discrimination when a municipality dismissed a childminder with a disabled child, since the decision to dismiss was based on the interests of safeguarding children in the municipality’s childminding services, by not taking them out of their usual environment and placing them with a childminder they did not know.

2015/28 Supreme Court follows up on ECJ’s 2013 judgment in Ring and Werge (DK)

On 23 June 2015, the Danish Supreme Court followed up on the judgment delivered by the Court of Justice of the EU (the ‘ECJ’) in joined cases C-335/11 (Ring) and C-337/11 (Werge). The issue was whether section 5(2) of the Danish Salaried Employees Act (‘DSE’) was compatible with Equal Treatment Directive 2000/78 (the ‘Directive’). Section 5(2) DSE allows an employer, in certain cases, to dismiss an employee, who has been absent from work for medical reasons for 120 days within a 12 month period, with a reduced period of notice. Can an employer apply this provision even where the employee’s absence was on account of disability? The ECJ replied affirmatively, but only if section 5(2) is objectively justified, and even then only if the employee’s absence is not attributable to failure by the employer to make reasonable adjustments. The Danish Supreme Court has now, in the national proceedings initiated by Ms Werge, found section 5(2) DSE to be objectively justified. Given that Ms Werge’s employer was unaware that her absence was caused by a disability (given that she proved that it was a disability but the employer was unaware of the relevant facts), it had no reason to make adjustments

<strong>2015/28 Supreme Court follows up on ECJ&rsquo;s 2013 judgment in Ring and Werge (DK)</strong>

On 23 June 2015, the Danish Supreme Court followed up on the judgment delivered by the Court of Justice of the EU (the ‘ECJ’) in joined cases C-335/11 (Ring) and C-337/11 (Werge). The issue was whether section 5(2) of the Danish Salaried Employees Act (‘DSE’) was compatible with Equal Treatment Directive 2000/78 (the ‘Directive’). Section 5(2) DSE allows an employer, in certain cases, to dismiss an employee, who has been absent from work for medical reasons for 120 days within a 12 month period, with a reduced period of notice. Can an employer apply this provision even where the employee’s absence was on account of disability? The ECJ replied affirmatively, but only if section 5(2) is objectively justified, and even then only if the employee’s absence is not attributable to failure by the employer to make reasonable adjustments. The Danish Supreme Court has now, in the national proceedings initiated by Ms Werge, found section 5(2) DSE to be objectively justified. Given that Ms Werge’s employer was unaware that her absence was caused by a disability (given that she proved that it was a disability but the employer was unaware of the relevant facts), it had no reason to make adjustments

ECJ 18 December 2014, case C-354/13 (Fag og Arbejde, acting on behalf of Karsten Kaltoft – v – Kommunernes Landsforening), Disability discrimination

Mr Kaltoft was hired by the Municipality of Billund in 1996 as a childminder, to take care of...

ECJ 18 December 2014, case&nbsp;C-354/13&nbsp;(Fag og Arbejde, acting on behalf of Karsten Kaltoft &ndash; v &ndash; Kommunernes Landsforening), Disability discrimination

Mr Kaltoft was hired by the Municipality of Billund in 1996 as a childminder, to take care of...

2015/8 No obligation on employer to set aside a disabled employee’s final warning for sickness absence (UK)

In a case involving recurrent sickness absence that was unlikely to improve, the Employment Appeal Tribunal (‘EAT’) has overturned findings of unfair dismissal and disability discrimination based on failure to make reasonable adjustments.

2015/8 No obligation on employer to set aside a disabled employee&rsquo;s final warning for sickness absence (UK)

In a case involving recurrent sickness absence that was unlikely to improve, the Employment Appeal Tribunal (‘EAT’) has overturned findings of unfair dismissal and disability discrimination based on failure to make reasonable adjustments.

2014/55 Being overweight does not constitute a disability (GE)

Being overweight without suffering from severe or morbid obesity (adipositas) does not constitute a disability as defined in the German Equal Treatment Act. Therefore, the rejection of an overweight applicant cannot lead to a successful claim for damages based on disability discrimination.

2014/55 Being overweight does not constitute a disability (GE)

Being overweight without suffering from severe or morbid obesity (adipositas) does not constitute a disability as defined in the German Equal Treatment Act. Therefore, the rejection of an overweight applicant cannot lead to a successful claim for damages based on disability discrimination.