Can I sue for disability discrimination?

Judgment: Action against discrimination needs evidence

Berlin (dpa / tmn) - Anyone who is of the opinion that they have not been accepted for a job due to a disability can claim compensation. However, applicants must at least be able to substantiate such a presumption with circumstantial evidence, shows a judgment of the state labor court Berlin-Brandenburg (Az .: 15 Sa 289/20).

In the case referred to by the Labor Law Working Group of the German Lawyers' Association (DAV), a severely disabled man applied for a job and received a rejection. He invoked the General Equal Treatment Act (AGG) and demanded compensation for discrimination on the basis of his severe disability. He accused the employer of not having invited him for an interview.

His lawsuit was unsuccessful. The man did not present any evidence that could speak for a disadvantage due to the severe disability. The court ruled that he made his allegations "out of the blue" without cause.

As it is not a public employer, there was no obligation to invite the applicant for an interview. Job posting and rejection are kept neutral.

The court made it clear that at least indications of the presumed facts must be presented. Otherwise, such procedural violations could be raised against any employer who refuses an application, so the argument of the judges.

© dpa-infocom, dpa: 210105-99-904695 / 2 (dpa)


To the judgment