Category Archive: Discrimination

New Law on Pay Transparency soon to be adopted by German Bundestag

At the beginning of this week (13 February 2017), the German government introduced the bill on pay transparency (which was adopted before by the cabinet on 11 January 2017) to the German Bundestag. The German federal assembly was asked beforehand for its opinion and did not raise any concerns. The draft bill will be debated …

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Increase of Working also for Disabled Employees!?

On 26 January 2017, the Federal State Labour Court (Bundesarbeitsgericht) ruled that a disabled part-time employee may not claim damages for discrimination where his employer did not offer him an increase in weekly working hours, unlike his colleagues (docket number: 8 AZR 736/15). In the case at hand, the employer, a courier service provider, employed …

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Headscarfs in Nurseries

The German Federal Constitutional Court (Bundesverfassungsgericht) ruled on 18 October 2016 that a general prohibition on wearing a headscarf which applied to a teacher in a local nursery violates the constitutional right of freedom of belief (docket number: 1 BvR 354/11).   The appellant wore a headscarf as a symbol of her Muslim belief during …

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Federal Labor Court rulings to watch in 2017 (edition Jan – March)

Already in the first quarter of the New Year Germany’s Federal Labor Court will deliver a number of judgments important for advisors and practitioners alike: Time Credits for works council members? (- docket no 7 AZR 224/15 – expected for 18 January 2017- ) Although members of a works council act in an honorary role …

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Remuneration Transparency Act: A look ahead

The coalition committee set the outline for a Remuneration Transparency Act in October 2016, thereby affirming that the current gender pay gap between men and women is no longer acceptable. The Act is planned to come into force in summer 2017. The draft law expressly states that it aims to promote and enforce the equal …

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The objective suitability of an applicant is no condition for discrimination

The Federal Labor Court (Bundesarbeitsgericht) decided on 19 May 2016 (docket no. 8 AZR 470/14) that an applicant, who is not objectively suitable for the advertised position, is nevertheless in a comparable situation or comparable position within the meaning of sec. 3 para. 1 and 2 of the General Equal Treatment Act (Allgemeines Gleichbehandlungsgesetz – …

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Equal Pay Act – A prospect

The coalition committee set the outline for an Equal Pay Act on 6 October 2016, thereby affirming that the current gender pay gap between men and women is no longer acceptable. Moreover, the Equal Pay Act should support families with a low income. According to official statistics the wages of female employees are currently about …

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Too fat to work? 200kg employee is fighting against his dismissal

On June 27, 2016 the Higher Labour Court (Landesarbeitsgericht Düsseldorf, docket number 7 Sa 120/16) had to decide whether the termination of employment of a man weighing 200 kg is justified. The defendant worked in a landscaping, civil engineering and canal construction business. Besides the plaintiff, who has worked for the defendant since 1985, the …

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Failure of a public employer to invite a severely disabled individual to a job interview does not always indicate an unlawful discrimination

Sec. 82 sentence 2 of Volume IX of the German Social Code (SGB IX) states that if a severely disabled person has applied for a job with a public employer or they have been suggested by the Federal Labour Office (Bundesagentur für Arbeit), they must be invited to an interview. Failure to invite a severely …

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EU anti-discrimination law does not apply to artificial applications

The European Court of Justice (ECJ) ruled on 28 July 2016 (docket number: C-423/15) that a person cannot claim discrimination protection if the person is artificially applying for a post with the essential aim of not actually taking up that post but only in order to bring claims for compensation. The plaintiff (Mr Kratzer) has …

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