Lund Elmer Sandager contributes to Labour & Employment Law Expert Guide 2025
The Danish chapter examines a recent Supreme Court decision (15 April 2025) involving an employee who had informed her employer of her upcoming fertility treatment and was subsequently dismissed. The ruling clarifies that while Section 9 of the Equal Treatment Act requires fertility treatment to have commenced, general protection under Section 4 may apply even before treatment begins. Thereby drawing a clear distinction between the two provisions.
Building on the landmark Mayr case and existing Danish precedent, the article highlights how Danish case law consistently provides broader protection for female employees undergoing fertility treatment than what is required under EU minimum standards. It also addresses how compensation is calculated in such cases, and to what extent the timing of dismissal affects the severity of the violation.
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The Labour & Employment Expert Guide 2025 provides expert insight into the latest trends and developments from around the world.
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