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    A claim for compensation for discrimination was not excluded simply because the applicant did not have the ‘objective qualifications’ necessary for the job. According to the German General Equal Treatment Act (the ‘Allgemeines Gleichbehandlungsgesetz’, or ‘AGG’), what is necessary for a compensation claim is a ‘comparable situation’. According to the latest decision of the German Federal Labour Court (the ‘Bundesarbeitsgericht’, or ‘BAG’) this can occur even if the applicant does not fulfill the general requirements to do the job.


Paul Schreiner
Paul Schreiner and Nina Stephan are respectively partner and associate with Luther Rechtsanwaltgesellschaft MbH, www.luther-lawfirm.com.

Nina Stephan
Paul Schreiner and Nina Stephan are respectively partner and associate with Luther Rechtsanwaltgesellschaft MbH, www.luther-lawfirm.com.
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