German Court Rulings Bolster Disability Discrimination Claims as Federal Reform Loses Key Provision
17.06.2026 - 23:22:51 | boerse-global.de
Two recent rulings by German state labour courts have strengthened legal protections for people with disabilities in hiring, even as a key element of a planned federal anti-discrimination reform was removed from the government's draft. The Landesarbeitsgericht (LAG) Köln ordered a law firm to pay €9,000 in compensation to a severely disabled legal professional who disclosed his disability on his CV and was not considered. The court also awarded €500 under the General Data Protection Regulation (DSGVO) because the firm conducted a Google search on the applicant without informing him.
In a separate case, the LAG Hessen awarded €4,500 to a job applicant who sued over a vacancy that was worded exclusively in the feminine form. The court rejected the employer's defence of "AGG-Hopping" – the alleged abuse of compensation claims under the General Equal Treatment Act. Judges emphasised that the burden of proving abuse is very high: neither a superficial application, a long commute, nor multiple prior claims by the same person suffice.
These judicial clarifications come as the federal government's cabinet draft for amending the Behindertengleichstellungsgesetz (BGG) – presented in mid-June – dropped a planned easing of the burden of proof for people with disabilities. That means complainants will still have to fully prove discrimination. Advocacy groups, including the Sozialverband Deutschland and the Deutscher Behindertenrat, sharply criticised the omission. The current draft instead sets a deadline of the end of 2035 for removing physical barriers in federal offices. A public hearing in the Bundestag committee for labour and social affairs is scheduled for 22 June.
On the state level, Schleswig-Holstein held its first reading this Wednesday of a new Antidiskriminierungsgesetz aimed at protecting citizens from discrimination by public authorities based on origin, gender, or disability. Planned damages range from €300 to €1,000, but the opposition has criticised exemptions for municipalities and courts.
Labour market figures underscore the stakes. In Sachsen-Anhalt, 19,562 severely disabled people were employed in 2024 – a slight increase from the previous year, with the largest share among workers aged 60 and over. Employers who fail to meet their legal obligation to hire severely disabled individuals continue to pay a graduated compensatory levy.
Meanwhile, a potentially landmark case is pending at the Arbeitsgericht Münster, where a plaintiff who worked for more than four decades in a sheltered workshop (Werkstatt für behinderte Menschen) is suing for payment of the statutory minimum wage. His earnings were far below that threshold; the average monthly wage in such workshops is roughly €233. The Gesellschaft für Freiheitsrechte and the Sozialhelden organisation are backing the case. A ruling is expected in early September.
