European Employment Law Cases

Case Reports

2019/15 Uniform minimum body height standards in the police service do not constitute indirect gender discrimination on grounds of sex (DE)

Keywords Gender discrimination
Authors Paul Schreiner en Nina Stephan
Author's information

348626 Paul Schreiner
Paul Schreiner is a partner at Luther Rechtsanwaltsgesellschaft mbH.

348629 Nina Stephan
Nina Stephan is an attorney-at-law at Luther Rechtsanwaltsgesellschaft mbH.
  • Abstract

      The Higher Administrative Court of Münster (Oberverwaltungsgericht, the ‘OVG’) has held that a minimum body height of 163 cm for applicants to the police service, irrespective of gender, is lawful. At least, this shall apply if the determination of a minimum body height standard is a suitability criterion for access to the police service. Minimum standards solely serve the purpose of ensuring fitness for service and result from a comprehensive investigation. The investigation in this case established that suitability for the police service can only be guaranteed from a height of 163 cm upwards.

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