European Employment Law Cases

Article

2022/5 Breach of procedure leads to legal presumption of discrimination against a severely disabled applicant (GE)

Keywords Discrimination General, Disability Discrimination
Authors Susanne Burkert-Vavilova
Author's information

Susanne Burkert-Vavilova
Susanne Burkert-Vavilova is an attorney-at-law at Luther Rechtsanwaltsgesellschaft mbH.
  • Abstract

      The German Federal Labour Court has held that where a job-filling procedure disregards mandatory procedural and/or promotional obligations in favour of severely disabled persons, this results in the presumption that an unsuccessful severely disabled applicant had not been considered in the procedure and hence had been disadvantaged on account of their severe disability. In the case at hand the severely disabled job applicant was entitled to compensation for non-pecuniary damage.

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