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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.
European Employment Law Cases |
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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 |
DOI | 10.5553/EELC/187791072022007001006 |
Author's information |
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