Tag Archive: anti-discrimination

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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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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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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Anti-discrimination law: Candidate claims to be brought against employer, not recruiter

The German Federal Labour Court (Bundesarbeitsgericht, BAG) ruled on January 23, 2014 (docket number – 8 AZR 118/13) that claims for compensation concerning moral prejudice due to violation of the General Equal Treatment Act (Allgemeines Gleichbehandlungsgesetz, AGG) can only be brought against the prospective employer and not the recruitment agency, even if it is not …

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