EN
HR Legal

New draft bill makes it unlawful to ask job applicants about age

logo
Legal news
calendar 27 March 2022
globus Denmark

The Danish government recently introduced a new draft bill which makes it unlawful for companies to ask about age as part of the recruitment process. The reason is that requesting information on age will be considered unlawful discrimination under the new rules. Companies must therefore, illustratively, remove questions on age and date of birth in recruitment systems.

The new draft bill makes it unlawful for companies to ask about job applicants’ age. The aim is to prevent companies from carrying out screenings or, in other ways, discard of applicants based on their age without considering the application and individual qualifications.

Access to request information on age in certain circumstances

The coming rules mean that it will generally be considered unlawful discrimination if companies request information on a job applicant’s age. For example, questions on age or date of birth in recruitment systems will need to be removed. However, the rules do not specifically prevent companies from indirectly obtaining this information through the job applicant’s diploma or resume.

However, the coming rules do not change the general exception under the relevant rules that companies can request information which would otherwise be unlawful to request, if such a request is reasonable and appropriate. Using the exception to obtain information on age, this could for example be the case, if the company wants to establish senior policy initiatives.

IUNO’s opinion

Companies are already prevented from lawfully asking job applicants about certain information, such as their race, religion, political views, etc. This new draft bill adds age to the list of things that companies should be very cautious bringing up.

IUNO recommends that companies already now consider if internal systems or procedures includes a request for a job applicant’s age or date of birth. Companies can also already now consider whether the new rules affect internal diversity targets and if there is a need to consider new methods or use of the exceptions that apply under applicable law, to ensure diversity at the workplace.

The new draft bill is expected to enter into force 1 July 2022. We will follow the situation closely.

[L 115 Proposal of act on changing of act on an active employment effort, act on an active social policy, act on unemployment insurance etc. and act on prohibition of discrimination on the labour market etc. of 2 February 2022]

The new draft bill makes it unlawful for companies to ask about job applicants’ age. The aim is to prevent companies from carrying out screenings or, in other ways, discard of applicants based on their age without considering the application and individual qualifications.

Access to request information on age in certain circumstances

The coming rules mean that it will generally be considered unlawful discrimination if companies request information on a job applicant’s age. For example, questions on age or date of birth in recruitment systems will need to be removed. However, the rules do not specifically prevent companies from indirectly obtaining this information through the job applicant’s diploma or resume.

However, the coming rules do not change the general exception under the relevant rules that companies can request information which would otherwise be unlawful to request, if such a request is reasonable and appropriate. Using the exception to obtain information on age, this could for example be the case, if the company wants to establish senior policy initiatives.

IUNO’s opinion

Companies are already prevented from lawfully asking job applicants about certain information, such as their race, religion, political views, etc. This new draft bill adds age to the list of things that companies should be very cautious bringing up.

IUNO recommends that companies already now consider if internal systems or procedures includes a request for a job applicant’s age or date of birth. Companies can also already now consider whether the new rules affect internal diversity targets and if there is a need to consider new methods or use of the exceptions that apply under applicable law, to ensure diversity at the workplace.

The new draft bill is expected to enter into force 1 July 2022. We will follow the situation closely.

[L 115 Proposal of act on changing of act on an active employment effort, act on an active social policy, act on unemployment insurance etc. and act on prohibition of discrimination on the labour market etc. of 2 February 2022]

Receive our newsletter

Anders

Etgen Reitz

Partner

Søren

Hessellund Klausen

Partner

Kirsten

Astrup

Senior associate

Cecillie

Groth Henriksen

Associate

Similar

logo
HR Legal

8 May 2022

New measures to help companies employ persons from Ukraine

logo
HR Legal

24 April 2022

New measures to make it easier for companies to employ people from Ukraine

logo
HR Legal

24 April 2022

Act on earmarked parental leave passed

logo
HR Legal

24 April 2022

New rules for remote working

logo
HR Legal

24 April 2022

Unjustified to summarily dismiss employee who harassed his colleagues

logo
HR Legal

13 March 2022

Summary dismissal was unjustified due to procedural errors

The team

Akina

Ørum Masaki

Legal assistant

Amalie

Starup Poulsen

Legal Advisor

Anders

Etgen Reitz

Partner

Caroline

Wochner

Communication assistant

Cecillie

Groth Henriksen

Associate

Johan

Gustav Dein

Legal advisor

Julie

Meyer

Communication assistant

Katrine

Matilde Ahlberg Purhus

Associate

Kirsten

Astrup

Senior associate

Mathilde

Baudry

Communication assistant

Sofie

Aurora Braut Bache

Senior associate

Søren

Hessellund Klausen

Partner