Adoption of amendments to the Equal Treatment Act, the Working Environment Act and the Vocational Training Act on initiatives to counter sexual harassment
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Senior Associate
Denmark
I'm an associate in our international HR Services group in Denmark specialising in labour and employment law issues, both nationally and internationally.
Partner
Denmark
I'm a partner and head of our international HR Services group in Denmark and a member of our international Trade Secrets Protection group. I've spent over 20 years specialising in labour and employment law, court and arbitration cases, trade secrets, company law and M&A.
On 23 March 2023, the Danish Parliament adopted a number of amendments to the Equal Treatment Act, the Working Environment Act, and the Vocational Training Act, all of which are related to initiatives to counter sexual harassment in the labour market. The amendments implement the tripartite agreement concluded in March 2022 between the then government and the labour market parties.
The adopted legislative amendments aim to strengthen the endeavours and ensure a clear regulatory framework in cases of sexual harassment, as well as to ensure a higher level of compensation in serious cases of sexual harassment. The amendments will enter into force on 1 July 2023.
Equal Treatment Act
First of all, a linguistic change is introduced to the term "sex harassment" in the Equal Treatment Act, which is now referred to as "sexual harassment". This is merely a linguistic change which, according to the Ministry of Employment, is a more contemporary term.
More specifically, the amendments also mean that the employer's responsibilities and obligations are more clearly stated directly in the Equal Treatment Act (and not, as previously, only in the preparatory works). This has been implemented by stating directly in the Act that the employer is obliged to provide a "harassment-free environment in connection with the performance of work" and that the employer is obliged to "handle cases of sexual harassment".
Furthermore, it is now also possible - pursuant to the Equal Treatment Act - for the employee to bring a claim for compensation for damages directly against the offender (provided that the person in question is also an employee at the same workplace). Until now, this has had to be done based on the Liability in Damages Act, but with the amendment, the employee will now have the option of making a claim under the Equal Treatment Act or under the Liability in Damages Act.
Finally, the Equal Treatment Act clarifies the criteria that courts and boards should emphasise when awarding compensation. In continuation of this, in serious cases of sexual harassment or where the victim belongs to a vulnerable group, for example pupils, higher compensation can now be awarded, as the level of compensation is increased by one third in these types of cases.
Working Environment Act
The amendment to the Working Environment Act clarifies that supervisors and employees have a duty to disclose information about sexual harassment in the workplace. The amendment is not intended to change the content of the duties in the Working Environment Act, but only to clarify that the Working Environment Act covers both the physical and the psychological working environment.
Vocational Education and Training Act
Finally, the amendments entail that trainees and apprentices who are victims of sexual harassment can waive the one-month notice period if they wish to terminate the training agreement with their internship provider.
In addition, authorisation as a place of learning may also be withdrawn in cases of sexual harassment.
In both cases, this is not a new practice, but a codification of existing practice. Finally, the Danish Working Environment Authority's smiley scheme is extended until 1 July 2024.
