Danish Supreme Court rules school unlawfully ended internship over handshake refusal
A Danish school unlawfully terminated a female intern’s placement because she refused to shake hands with a male supervisor for religious reasons, the country’s Supreme Court ruled on Tuesday.
The case, which began in 2019, marks the first of its kind to reach Denmark’s highest court. The woman, a Muslim trainee teacher, had greeted her supervisor by placing her hand over her heart and nodding during an introductory meeting, citing her religious belief against physical contact with unrelated adult men.
The school in Albertslund subsequently ended her internship, arguing that handshakes were a mandatory professional requirement. However, the Supreme Court found that the school had failed to demonstrate that a handshake was strictly necessary in this context, nor had it explored alternative greetings that could accommodate both gender equality and religious practice.
Handshake policies must be justified by necessity
Peter Kristian Hjaltason, senior legal advisor at the Danish Institute for Human Rights, told public broadcaster DR that while employers may in principle require handshakes even if they conflict with religious beliefs, such demands must be proven essential.
“The Supreme Court has determined that this was not the case here,” Hjaltason said, noting that the ruling hinged on whether the requirement was proportionate. The court also emphasized that the woman had shown no indication she would refuse physical contact with male students—a factor that would have disqualified her from teaching.
Hjaltason contrasted the case with hypothetical scenarios where physical contact might be professionally critical, such as a nurse refusing to touch patients of the opposite sex. “That would present a concrete problem where an employer could justifiably enforce such a requirement,” he said.
No compensation despite victory
Despite the ruling in her favor, the woman will not receive financial compensation. The court cited two key reasons: the termination occurred before her internship formally began, causing minimal disruption to her studies, and the judgment noted she “could have contributed more” to finding a compromise.
Albertslund Municipality, which operates the school, has been ordered to cover the woman’s legal costs of 174,750 Danish kroner (approximately €23,500).
The seven-year legal process underscores the case’s significance as a precedent for balancing religious accommodation with workplace norms in Denmark. Hjaltason described the ruling as a “clear signal” that blanket handshake policies without justified necessity may constitute indirect discrimination.