The recruitment of employees in Denmark must be conducted in a non-discriminating way. This means that it is not allowed for an employer to obtain or receive information as to race/skin color, faith/religion, political view, and sexual preferences, national, social or ethnical origin. Accordingly, an employer cannot obtain nor receive the above information.
Furthermore, it is not allowed to discriminate due to sex, age or handicap.
According to the Danish Act on the Use of Health Data, an employer during a recruitment process is only allowed to collect health data, which is relevant for determining whether the candidate is suffering from or has suffered from a disease and if the disease will be of significant importance to the performance of the specific job in question. Accordingly, the employer is not allowed to ask general questions such as information on the candidate’s number of sick days and general health condition.
On the other hand, prior to the commencement of the employment, the candidate must submit information either voluntary or upon the employer’s request, as to whether the candidate suffers from a disease or shows symptoms of a disease that might materially affect the working capacity of the candidate with respect to the job in question.
During a recruitment process, the employer is allowed to carry out a background check on confidential and sensitive data if the candidate has specifically accepted that such a background check is being carried out.