Denmark’s Supreme Court ruled unanimously this week that firing a Muslim woman for refusing to shake hands was discriminatory, setting a precedent that handshakes are not essential to Danish work culture.
On May 13, the highest court in Denmark put an end to a seven year legal battle. Laila Aziz, now 31, was 23 when her logistics apprenticeship at DSV was terminated in September 2018. The reason was simple. She declined to shake hands with a male instructor on religious grounds.
The Supreme Court upheld earlier rulings by Glostrup District Court and the Eastern High Court. Aziz was awarded 50,000 kroner in compensation plus legal costs. As reported by DR, the judges stated clearly that handshakes are not essential enough to justify ending a practical training placement.
What Happened
Aziz began her vocational training in 2017 and performed well. She had previously offered verbal greetings instead of handshakes, and this had been accommodated. But when she refused a handshake during one greeting in 2018, DSV ended her placement.
The company argued that refusing handshakes signaled an unwillingness to integrate into Danish work culture. DSV’s lawyer claimed handshakes are essential for building trust in the logistics industry. The court disagreed.
Why This Matters
This ruling is about more than one handshake. It sets a legal boundary between religious accommodation and employer expectations. The court applied the Danish Act on Ethnic Equal Treatment, which prohibits indirect discrimination based on religion or ethnicity.
I have worked in Denmark for years. I know handshakes are common here. Walk into any meeting and you will shake hands all around. But this case makes a critical distinction. Aziz was not in a customer facing role. Her refusal did not interfere with her job duties.
The Supreme Court made clear that cultural norms cannot override anti discrimination law when no business necessity exists. That is a significant shift in how Danish workplace expectations are balanced against individual rights.
The Integration Debate
Denmark has some of the strictest integration policies in Europe. The 2018 ghetto laws and mandatory handshake requirements for new citizens reflect that. This ruling creates tension with those policies.
Integration Minister Mattias Tesfaye from the Social Democrats welcomed the decision as a victory for equal treatment. But Morten Messerschmidt from the Danish People’s Party called for legislative reform. He wants laws changed to make handshakes mandatory in workplace settings.
Employer organization Dansk Erhverv warned on May 14 that the ruling could lead to a 10 to 15 percent increase in similar discrimination claims. Legal experts say firms may now need to revise greeting policies. That is not necessarily a bad thing.
The European Context
Denmark is not alone in wrestling with these questions. France bans religious symbols in public sector jobs. The Netherlands generally allows religious accommodations. A 2017 Belgian case at the European Court of Human Rights upheld a firing for handshake refusal, but that involved direct customer contact.
This Danish ruling aligns more closely with EU employment equality directives. University of Copenhagen law professor Mikael Rask Madsen noted it strengthens protections against indirect discrimination. It also reflects Article 9 of the European Convention on Human Rights, which protects freedom of religion.
What It Means for Expats and Workers
For expats and foreign workers in Denmark, this case offers some reassurance. Religious practices that do not interfere with job performance should be protected. That is especially relevant given Denmark’s growing religious diversity.
But it also highlights ongoing cultural friction. Denmark logs around 200 ethnic discrimination complaints to labor boards each year. This ruling may encourage more people to come forward. That could be uncomfortable for some employers, but it is how rights are enforced.
The Danish labor market has long prided itself on flexibility and mutual respect. This decision tests whether that flexibility extends to religious accommodation. After recent legal debates on workplace rights, the Supreme Court has drawn a clear line. Cultural preferences cannot justify discrimination when no real business need exists.
Sources and References
The Danish Dream: What’s Danish work culture like?
The Danish Dream: Danish work culture 12 tips for success from a Dane
The Danish Dream: Denmark’s MeToo justice on trial after ruling
DR: Kvindes praktikforløeb blev stoppet fordi hun ikke ville give hånd nu fastslår Højesteret det
