Teru DK A/S
The Board of Equal Treatment acting for A
Teleservice guilty of unlawful discrimination on the grounds of gender
Teru DK A/S's teleservice ("Telebaren") arranged telephone contact, primarily between men and women. With this teleservice, it was possible to call either a pay number or a freephone number. People calling the pay number would only get to speak to people calling the freephone number and vice versa.
On the evidence, the Supreme Court based its decision on the fact that almost all women used the freephone number, while the majority of men used the pay number. This meant that men wishing to speak to women had to use the pay number, while women wishing to speak to men would use the freephone number.
The Supreme Court found that the teleservice was organised in such a way that Teru DK A/S charged different rates from men and women for the same service, and that this amounted to discrimination on the grounds of gender.
The Supreme Court, thus, upheld the Board of Equal Treatment's principal claim – comprising both direct and indirect discrimination – and upheld the High Court's ruling with this change.