Tag Archive: anti-discrimination

Direct discrimination on grounds of transsexualism shall constitute discrimination within the meaning of section 1 of the General Equal Treatment Act (Allgemeiner Gleichbehandlungsgrundsatz – AGG)

Transsexuality as such does not belong to the characteristics which are listed in the General Equal Treatment Act (AGG), to which the prohibition on discrimination applies. However, the Federal Labour Court (Bundesarbeitsgericht) decided on 17 December 2015 (docket number: 8 AZR 421/14) that transsexuality can fall within the scope of the listed characteristic of “gender” …

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Damages and injury award because of lower wages for female workers

On 28 October 2015, the Higher Labour Court (Landesarbeitsgericht, LAG) Rhineland-Palatinate (October 28, 2015 – docket number: 4 Sa 12/14) decided that an employer who pays female employees less than their male counterparts is liable to pay the difference in damages plus a compensation award. Any employers not complying with the “equal job – equal …

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Damages for harassment at the workplace

Unfair treatment at the workplace only qualifies as harassment if it based on continuing hostile and discriminatory behavior that follows a purpose not protected by the legal system and infringes on an individual’s personality or similar rights (judgment by the Higher Labour Court (Landesarbeitsgericht, LAG) Rheinland-Pfalz, 30 November 2015, docket no. 3 Sa 371/15). In …

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The exclusion of late married spouses from the provision for dependents is discrimination on the grounds of age

The Federal Labour Court (Bundesarbeitsgericht, BAG) ruled on 4 August 2015 (docket number 3 AZR 137/13) that an exclusion from the provision for dependents can be a discrimination on the ground of age, if there are further unjustified conditions. In the present case a widow claimed against the former employer of her deceased husband to …

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How serious are you with your job application?

The Federal Labour Court (Bundesarbeitsgericht) had to deal with this question in the case at hand (docket number 8 AZR 848/ 13(A)) and made a reference to the European Court of Justice (Europäischer Gerichtshof) for a preliminary ruling. The plaintiff, who had been a fully qualified lawyer since 2001 and worked in this field for …

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Discriminatory dismissals invalid even in small operations

Following a recent judgment by the Federal Labour Court (Bundesarbeitsgericht, BAG), discriminatory dismissals will also be invalid in small operations in which the strict rules protecting employees against dismissals do not apply (judgment dated 23 July 2015, docket number 6 AZR 457/14). In the case at hand, the plaintiff, an employee, worked in a doctor’s …

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Gender quota in boardrooms from 2016

At the beginning of this month, German lawmakers passed a law requiring companies to give 30 per cent of seats on a supervisory board to women as of next year. It is intended to increase this quota to 50% from 2018 onwards. The new rules apply to listed companies with a co-determined supervisory board, ie …

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A delayed lawsuit does not always lead to forfeiture

A claim for damages for pain and suffering on grounds of harassment can be forfeited. However, mere inactivity of the claimant will not by itself lead to forfeiture as has recently been decided by the Federal Labour Court (Bundesarbeitsgericht, BAG – judgment dated 11 December 2014, docket number 8 AZR 838/13). The plaintiff, an employee, …

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Comments on applicant CVs might cost you

In a recent case (docket number: 8 AZR 753-13) the federal labour court (Bundesarbeitsgericht, BAG) once again had to decide on a discrimination case concerning the employment application process. The fully-qualified plaintiff applied for a job as a full-time accountant with the defendant. In her CV she declared her civil status to be “married, one …

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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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