No application - no compensation

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Date:
14 Aug 2013

an employer advertising for girls/women removed the advert following a complaint. the advert was in conflict with the danish act on equal treatment of men and women, but the complainant had not applied for the job and was therefore not entitled to compensation

By:
Yvonne Frederiksen

An employer advertising for girls/women removed the advert following a complaint. The advert was in conflict with the Danish Act on Equal Treatment of Men and Women, but the complainant had not applied for the job and was therefore not entitled to compensation

An employer advertising for girls/women removed the advert following a complaint. The advert was in ‎conflict with the Danish Act on Equal Treatment of Men and Women, but the complainant had not applied ‎for the job and was therefore not entitled to compensation.‎
 
Advertising for persons of a specific gender is in conflict with the Danish Act on Equal Treatment of Men ‎and Women. But is it possible to claim compensation for discrimination based on a job advert alone if the ‎claimant did not apply for the job in question? This question was considered by the Danish Board of Equal ‎Treatment in this case.‎
 
A temp agency advertised on its homepage for girls/women for cleaning jobs.‎
 
A complaint was then lodged against the agency, requesting the Board of Equal Treatment to order the ‎temp agency to remove the job advert.‎
 
At odds with the Act – but no compensation
The Board sided with the complainant, holding that the wording of the job advert was at odds with the ‎Danish Act on Equal Treatment of Men and Women and ordering the temp agency to remove it. But since ‎the complainant had not applied for the job, the complainant was not entitled to compensation.‎

 

Norrbom Vinding notes

  • that the decision illustrates that employers are not allowed to advertise for persons of a specific ‎gender, but that adverts advertising for applicants of a specific gender do not in themselves ‎entitle a complainant to compensation for discrimination; and

  • that, in addition, employers should be aware that, under the Danish Act on Equal Treatment of ‎Men and Women, employers may be fined for violating the prohibition against gender-specific ‎advertising.