Marmite and Migrants: Bad for Denmark?

May 24, 2011 | by

Marmite: you either love it or you hate it, as they have famously advertised. Denmark has decided that it hates it, along with other vitamin-fortified food products, and has introduced a ban on them. Seems odd to prohibit something that is both tasty and relatively good for you, and some of Marmite's fans in Denmark have put it down to the product being "foreign." Why? The ban follows the appointment of Danish immigration minister Søren Pind, whose comments on assimilation could perhaps be summarized as simply: "If you don't like it, why don't you just go home?"

Meanwhile, when not eradicating the scourge of yeast extract, malt drinks, and baby biscuits, the Danish government (led by Pind) intends to tackle the issue of gender (in)equality amongst "immigrants of Muslim culture." Deploying educators, the state aims "to convince immigrants that their attitude towards women is outdated." Opponents decry the campaign as "populist."

Immigration—you either love it or you hate it. In Denmark's case, it looks as if it depends on the immigrant.

How do you feel about Denmark's actions?

Fifth Circuit: Employee May Proceed with Hostile Work Environment and Constructive Discharge Claims under the ADEA.(Age Discrimination in Employment Act )

Mondaq Business Briefing October 25, 2011 Jonathan E. "Jon" O'Connell is an Associate in our Northern Virginia office The United States Court of Appeals for the Fifth Circuit recently confirmed that an employer can be liable for allowing or failing to prevent age-based harassment. Milan v. Dediol v. Best Chevrolet, Inc., et al., No. 10-30767 (5th Cir. September 12, 2011). The decision reminds employers of the need to take steps to prevent and stop harassment based on any characteristic protected by law.

Background Milan Dediol filed suit against his former employer, Best Chevrolet, Inc., alleging that during his three-month-long employment as a car salesman he was subjected to a hostile work environment based on his age. Dediol, who was 65 years old at the time, alleged that during the course of his employment, his supervisor regularly called him, among other things, "pops" and "old man." Dediol also alleged that his supervisor made a number of physically threatening gestures toward him and directed car sales to younger employees. this web site hostile work environment

Finding his work environment intolerable, Dediol ultimately resigned from his position and sued Best Chevrolet and his former supervisor, alleging violations of the Age Discrimination in Employment Act (ADEA).1 The U.S. District Court for the Eastern District of Louisiana granted summary judgment in favor of Best Chevrolet, and Dediol appealed the lower court's decision to the Fifth Circuit.

Fifth Circuit Recognizes Hostile Environment Claim Based on Age In analyzing Dediol's claims, the Fifth Circuit began by noting that in prior decisions, it never "expressly adopt[ed] a cause of action for hostile work environment based on the ADEA." However, recognizing the decisions of a number of sister courts which allowed for such a claim, the court concluded that a "plaintiff's hostile work environment claim based on age discrimination under the ADEA may be advanced in this court." Continuing its analysis, the court concluded that based on the nature of Dediol's allegations, he could proceed with his claims of hostile work environment and constructive discharge against his former employer.

What the Decision Means for You Frequently, employers consider "harassment" and "hostile work environment" as terms only applicable to workplace conduct involving gender. However, as Best Chevrolet illustrates, employers should be aware that employees subjected to inappropriate conduct based on any characteristic protected by law - including age, gender, race and national origin - may bring hostile work environment claims. Employers should also be aware that depending on the jurisdiction in which they do business, state and local statutes can create additional protected characteristics not recognized under federal law, such martial status, political affiliation and matriculation. here hostile work environment

To protect against hostile environment claims based on protected characteristics other than gender, employers should:

Adopt and communicate a clear policy stating that harassment based on any legally-protected characteristic will not be tolerated.

Provide a clear and accessible mechanism for employees to complain about harassment. Make clear that you will investigate complaints, that you will take disciplinary action against harassers and that you prohibit retaliation against employees who complain about harassment.

Train all employees regarding your anti-harassment policy and procedures.

Investigate harassment claims, take appropriate action (including discipline) to stop any harassment you uncover, and appropriately document your response to the complaint.

Endnote 1 Dediol also asserted claims for hostile work environment based on religion under Title VII as a result of alleged comments made by his supervisor regarding his born-again Christian beliefs, as well as state law claims of assault.

www.hklaw.com The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

Mr Jonathan O'Connell Holland & Knight 10 St. James Avenue 11th Floor Boston MA 02116 UNITED STATES Tel: 6175232700 Fax: 6175236850 URL: www.hklaw.com Click Here for related articles

2 Comments to “Marmite and Migrants: Bad for Denmark?”

  1. This is thankfully not the attitude of all Danes.. Nativism has taken roots and like Tea Partiers in US their ignorance, offensive manners and bully boy tactics in denying cultural,ethnic or plainly enjoyable foods manifests their abnormal enjoyment of abasing others whether native born or foreign born. If one goes back in time, in 1920's the films produced in Denmark outdid even those made in Berlin. Their tracts (yellow papers) were the same. Every citizen or legal resident of Denmark disagreeing with this weltanschau needs to start collecting signatures to denounce those promoting unhealthy agendas to the detriment of all. I don't understand this islamophobia,since Denmark has hadf muhammedans for 60-70 years by now. EU courts can rectify most of the cases, there are laws Denmark as a member has signed, also UN.

  2. On June 4th, 2011 at 3:04 am, Sanne Weinkouff said:

    I myself being a dane fully accept and understand the impression foreigners have of Denmark being very hostile towards immigrants. There has been a change in mood over the past 5-10 years, and I am ashamed.

    However, regarding Marmite there are some journalistic errors, I would like to clear. In Denmark, you are not allowed to add artificial vitamins to food unless you have an approval. You can have the approval easily, but in order to get it, you need to apply. Marmite contains B12 and the company importing it to Denmark has been told by the Danish authorities to apply. Until then the import will be stopped. Those are the rules for everyone. The company importing Marmite hasn't yet applied. That the situation. I must say linking Danish xenophibia with this ban is a very poor piece of journalism.

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Helene Irving

Helene Irving is Program Coordinator, At Home in Europe Project, Open Society Foundations.

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