The Danish Supreme Court issues its ruling in the case of a Muslim trainee who refused to shake hands with her supervisor for religious reasons.

The Danish Supreme Court issues its ruling in the case of a Muslim trainee who refused to shake hands with her supervisor for religious reasons.

The Danish High Court, Højesteret, ruled on Wednesday in a case concerning a handshake requirement at a school in Albertslund. The court found that the school had engaged in indirect discrimination against a Muslim teacher who was in training when it required her to shake hands with all people regardless of gender, but at the same time decided that the woman did not deserve compensation in the case.

A Supreme Court ruling brings to an end a case that began in 2019

The Danish High Court, Højesteret, issued its ruling in the case, according to local media reports citing the Ritzau news agency. The court concluded that a school in Albertslund had engaged in indirect discrimination against a Muslim trainee teacher who was undergoing practical training during her studies, after imposing on her the condition that she shake hands with everyone, men and women, without discrimination.

The Supreme Court, Højesteret, said in the ruling that the handshake requirement resulted in indirectly different treatment of the woman, because her refusal to shake hands was linked to religious reasons, but the court did not grant her any compensation.

The incident began during a welcome meeting at the school.

The case dates back to the spring of 2019, when the student teacher participated in a welcome meeting at the school where she was to spend her internship.

During the meeting, the school introduced her to the supervisors responsible for her training.

When a male training supervisor extended his hand to shake hers, the woman did not grasp his hand, but greeted him in an alternative way, by placing her hand on her heart and bowing her head.

The school administration summoned the woman after she refused to shake hands.

The school later summoned the student teacher to a meeting, during which the woman explained that she had refused to shake hands with the man for religious reasons.

After that, the school required her to shake hands with all people regardless of their gender.

When the woman refused to comply with this condition, the school suspended her practical training program.

The Equality Council took up the case on behalf of the woman.

The Equality Council (Ligbehandlingsnævnet) led the case in court against Albertslund Kommune on behalf of the woman.

The parties to the case agreed that the handshake requirement was objectively based on a legitimate goal, which was to ensure equal treatment between the sexes, and the requirement was considered an «appropriate means» to achieve this goal.

But the question that the High Court (Højesteret) had to decide was whether the municipality had proven that the handshake requirement was also a «necessary means» to ensure the school and municipality’s goal of gender equality.

Supreme Court: Municipality failed to prove the necessity of the handshake requirement

The Supreme Court (Højesteret) found that Albertslund Kommune had not proven that the handshake requirement was a necessary means to achieve the goal of gender equality.

The court explained that the school did not, during the meeting and to a reasonable extent, discuss possible alternatives with the woman, including ways of greeting that do not involve shaking hands.

The court also saw that there were no tangible problems at the time within the school that could justify the need to reject an alternative greeting, if that greeting was respectful and expressed equal treatment.

The woman does not receive compensation despite proven indirect discrimination.

Although the Supreme Court (Højesteret) acknowledged the existence of indirect discrimination, it ruled that the woman was not entitled to compensation in the case.

The court justified this by saying that the woman, during her meeting with the school, could have contributed more to finding a solution.

The court also noted that the termination of the practical training period had limited consequences for her.

The case began with a complaint and ended with a ruling from the highest court by a panel of seven judges.

The case began with a complaint to the Equality Council (Legebehandlingsnævnet), which granted the woman and another woman the right to compensation of 25,000 Danish kroner each, after the council determined that what happened constituted indirect discrimination.

However, the Østre Landsret court of eastern Denmark disagreed with this assessment, concluding in June 2025 that no indirect discrimination had occurred against the two women.

One of the women took the case to the Supreme Court.

One of the women took the case to the Supreme Court (Højesteret), and in the Supreme Court, six out of seven judges supported the woman's position regarding the existence of indirect discrimination, but they did not grant her compensation.

The seventh judge of the Supreme Court, Højesteret, saw that the handshake requirement was necessary.