European Employment Law Cases


2023/31 Burden of proof in case of discrimination due to severe disability (GE)

Keywords Disability Discrimination, Discrimination General
Authors Pia Wieberneit
Author's information

Pia Wieberneit
Pia Wieberneit is associate at Luther Rechtsanwaltsgesellschaft in Essen, Germany.
  • Abstract

      The German Federal Labour Court (Bundesarbeitsgericht, ‘BAG’) found, that in a compensation case, an unsuccessful job applicant regularly meets the burden of proof for the causal link between their severe disability and a discrimination by only alleging a suspected violation of the requirement for the employer to inform the works council about an application of a severely disabled person.

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