Category Archive: Equal Treatment

Man without Hat

According to the Federal Labour Court (Bundesarbeitsgericht – docket number: 1 AZR 1083/12) a male pilot is not obliged to wear a cockpit hat in the public area of the airport during his flight mission as female colleagues do not have the same obligation. The male plaintiff is employed as a pilot by the defendant. …

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Notice Periods May Be Tied to Years of Service

In a judgment dated September 18, 2014, the Federal Labour Court (Bundesarbeitsgericht, BAG) ruled that seniority-related notice periods are not discriminatory on grounds of age (docket number: 6 AZR 636/13). This judgment settles a long-term bone of contention with regard to the impact of equal treatment law on dismissal protection provisions. Sec. 622 of the …

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Call on for on-call – no mercy for part-time employees

On May 15, 2014 the Higher Labour Court of Munich (Landesarbeitsgericht – LAG) ruled (docket number 2 Sa 14/1) that part-time employees are not entitled to have the total amount of time they are obliged to be on-call (Rufbereitschaften) reduced. The plaintiff worked for the defendant 20 hours a week on a reduced number of …

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Discrimination due to weight?

The Local Labour Court (Arbeitsgericht, ArbG) Darmstadt has rejected a disability discrimination lawsuit against a health promotion company (judgment dated June 12, 2014, docket number 6 Ca 188/14). The plaintiff, a female applicant, had sued the company for 30,000 EUR in damages under the German Equal Treatment Act (Allgemeines Gleichbehandlungsgesetz, AGG). The applicant is 1.7 …

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Too short to fly?

The Regional Labour Court (Landesarbeitsgericht, LAG) Cologne has rejected a sex discrimination lawsuit against Lufthansa (judgment dated June 25, 2014, docket number 5 Sa 75/14). The plaintiff, a female pilot applicant, had sued the airline for damages under the German Equal Treatment Act (Allgemeines Gleichbehandlungsgesetz, AGG). Lufthansa has a height requirement in place mandating that …

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Update on women’s quota on supervisory boards

The ministries of justice and family have now submitted a draft bill regarding a gender quota on supervisory boards to the other ministries for internal consultation. The ministries assume that approximately 3,500 companies will be affected by this law. The draft provides that, starting with the elections in 2016, at least 30% of the board …

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Deadlines and their difficulties

Victims of discrimination in the field of employment and occupation are entitled to make claims for damages and compensation. Claims must be submitted in writing within two months. In the case at hand, the applicant was disabled and applied for a temporary job at a swimming pool. The employer withdrew the offer after the applicant …

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The Ins and Outs of German Vacation Time and Vacation Pay

As we approach summer many employers start to intensify their staff’s vacation planning.  Vacation regulations in Germany are not as straightforward as many employers might think. Today’s blog therefore aims to provide a basic overview on German vacation rules for employers. How much vacation pay and time are employees entitled to? Starting off with the …

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Fake application failed to uncover age discrimination

The mere fact that there is an age difference between two job applicants who were treated differently does not necessarily indicate age discrimination.  For there to be an indication of discrimination, the two applicants must have comparable qualifications.   A job applicant, who clearly only applied for a position with the intention of claiming damages for …

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New Directive on Supplementary Pension Rights in Force 20 May 2014: Do German Employers Need to Take Action?

On 15 April 2014, the European Parliament issued a Directive improving the protection of supplementary pension rights (i.e. rights under occupational pension schemes – so-called ‘second-pillar’ pension schemes linked to an employment relationship) for mobile workers. The new rules help to remove current obstacles to free movement, such as the requirement for very long periods …

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