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European Employment Law Cases
Article

2023/31 Burden of proof in case of discrimination due to severe disability (GE)
Keywords Disability Discrimination, Discrimination General
Authors Pia Wieberneit
DOI 10.5553/EELC/187791072023008004003
Author's information

Pia Wieberneit
Pia Wieberneit is associate at Luther Rechtsanwaltsgesellschaft in Essen, Germany.

  • Abstract

      The German Federal Labour Court (Bundesarbeitsgericht, ‘BAG’) found, that in a compensation case, an unsuccessful job applicant regularly meets the burden of proof for the causal link between their severe disability and a discrimination by only alleging a suspected violation of the requirement for the employer to inform the works council about an application of a severely disabled person.

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