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Germany Rhineland-Palatinate Higher Labour Court (Landesarbeitsgericht Rheinland-Pfalz) 2021 Germany / rhineland-Palatinate Higher Labour Court / Landesarbeitsgericht Rheinland-Pfalz (2. Kammer), Urteil vom 19.11.2021 – 2 Sa 40/21, ECLI:DE:LAGRLP:2021:1119.2SA40.21.00 Nationality Muslims The parties dispute the validity of an extraordinary termination for reasons of conduct. The plaintiff is employed by the defendant and claims the invalidity of the extraordinary termination without notice issued to him. The defendant employer claims that the termination was justified because the plaintiff had secretly recorded a staff meeting with his supervisor (witness in these proceedings). The plaintiff is of the opinion that he was entitled to do so for evidentiary reasons because he had… View more
Germany Hessian Higher Labour Court (Hessisches Landesarbeitsgericht) 2021 Germany / Hessian Higher Labour Court / Hessisches Landesarbeitsgericht, Urteil vom 15. November 2021 – 7 Sa
1341/19 –, juris, ECLI:DE:LAGHE:2021:1115.7SA1341.19.00
Religion Muslims The plaintiff claims damages from a daycare center according to § 15 para. 2 General Equal Treatment Act (AGG), since her application as a kindergarten teacher was not considered because she was not willing to take off her headscarf during working hours when asked by the potential employer. The court considers this to be indirect discrimination pursuant to § 3 para. 2 AGG on the grounds of religious affiliation, at least if the position is not filled as a result. View more
Germany Service Court for Judges at the Higher Regional Court of Stuttgart (Dienstgerichtshof für Richter beim Oberlandesgericht Stuttgart) 2021 Germany / Higher Regional Court / Dienstgerichtshof für Richter beim Oberlandesgericht Stuttgart, Urteil vom
18. März 2021 – DGH 2/19 –, juris, ECLI:DE:OLGSTUT:2021:0318.DGH2.19.00
Migrant status, Race/Ethnicity Migrants <p>The plaintiff is a public prosecutor and a member of the political party Alternative for Germany (Afd), for which he entered the Bundestag as a deputy after the Bundestag elections in 2017. The plaintiff was dismissed from his civil service position due to Islamophobic and xenophobic posts on Facebook and his own homepage. He took legal action against this without success, as the Higher Regional Court confirmed the case law of the Cologne Regional Court (first instance) to the effect… View more
Germany Higher Regional Court of Dresden (Oberlandesgericht Dresden) 2020 Germany / Higher Regional Court of Dresden (Oberlandesgericht Dresden) / 4 U 2198/19 / ECLI:DE:OLGDRES:2020:0212.4U2198.19.00 - No direct link to the decision available. The case number "4 U 2198/19" needs to be filled into the search field of the database indicated under URL. Migrant status, Race/Ethnicity Muslims The plaintiff took action against the deletion of a Facebook post and a 30-days blocking of her account by Facebook that followed the deletion of the post. Moreover, she requested the court to declare Facebook's measures as illegal and claimed damages. The deleted post showed a picture of the Kaaba in Mecca with the slogan "End terrorism. Nuke the cube". View more
Germany Higher Regional Court of Munich (Oberlandesgericht München) 2020 Germany / Higher Regional Court of Munich (Oberlandesgericht München) / 18 U 1491/19Pre Migrant status Muslims, Refugees & asylum seekers The plaintiff sought the recovery of two posts on a social media profile which had been deleted by the defendant, namely Facebook. In the first post in question the plaintiff had, among others, written: "THEIR majority are criminal invaders, raping and murdering in Germany but still being protected as victims of 'right wing agitation'". The second post, quoting the Hungarian prime minister Viktor Orbàn, called refugees "Muslim Invaders". Facebook lodged an appeal… View more
Germany Federal Constitutional Court (Bundesverfassungsgericht) 2020 Germany / Federal Constitutional Court (Bundesverfassungsgericht) / 2 BvR 1333/17 / ECLI:DE:BVerfG:2020:rs20200114.2bvr133317 Religion Muslims The complainant, a German-Moroccan legal trainee who was born in Frankfurt/Main, took action against a legal provision of the state of Hesse, which stipulates that legal trainees, who wear headscarves are prohibited to perform tasks in which they may be seen as representatives of the judiciary or the state. As a consequence, these trainees are not allowed, for instance, to act as judge or public prosecutor. View more
Germany Higher Regional Court Hamburg (Oberlandesgericht Hamburg) 2020 Germany / Higher Regional Court / OLG Hamburg (13. Zivilsenat), Urteil vom 18.11.2020 – 13 U 192/19, ECLI:DE:OLGHH:2020:1118.13U192.19.0A Religion Muslims In the second instance, the parties are disputing the deletion by the defendant of various posts by the plaintiff on the social network F. operated by the defendant and the imposition of usage blocks by the defendant on the plaintiff. In this regard, the plaintiff is seeking (among other things) a subsequent declaration that the usage blocks are unlawful, the reinstatement of the deleted content, and damages. The Higher Regional Court dismissed the account user's claim in its entirety, as… View more
Germany Higher Regional Court Hamm (Oberlandesgericht Hamm) 2020 Germany / Higher Regional Court / OLG Hamm (29. Zivilsenat), Beschluss vom 15.09.2020 – 29 U 6/20, ECLI:DE:OLGHAM:2020:0915.29U6.20.00 Migrant status, Race/Ethnicity Muslims <p>In the second instance, the parties are disputing the deletion by the defendant of various posts by the plaintiff on the social network G. operated by the defendant and the imposition of usage blocks by the defendant on the plaintiff. In this regard, the plaintiff is seeking (among other things) a subsequent declaration that the usage blocks are unlawful, the reinstatement of the deleted content, and damages. The Senate intends to dismiss the plaintiff's appeal, as the posted… View more
Germany Federal Administrative Court (Bundesverwaltungsgericht) 2019 Germany / Federal Administrative Court (Bundesverwaltungsgericht) / 2 WDB 3.19 / ECLI:DE:BVerwG:2019:091019B2WDB3.19.0 Migrant status, Religion Muslims, Refugees & asylum seekers A soldier had made several racist, antisemitic and anti-Muslim statements in a WhatsApp Group and towards a lieutenant. He had shared, for example, in the WhatsApp group a picture showing a helmet of a Christian crusader with the slogan 'There doesn't need to be a Muslim ban, if there are no Muslims’ and said to the lieutenant that the refugee crisis could be solved by shooting down the refugee boats in the Mediterranean Sea. Thereupon the soldier’s commander took disciplinary action… View more
Germany Administrative Court of Düsseldorf (Verwaltungsgericht Düsseldorf) 2019 Germany / Administrative Court of Düsseldorf (Verwaltungsgericht Düsseldorf) / 18 L 1606/19 ECLI:DE:VGD:2019:0601.18L1606.19.00 Religion Muslims The applicant, an association, objected against requirements imposed by the police on an assembly organized by it. The assembly had the title "We do not want Salafist pigs - not in N. - not in Germany". The police prohibited the shouting of the slogan "We do not want Salafist pigs" and the grilling of body parts of pigs. In the run-up to the assembly, a pig's head was laid in front of a mosque in a pool of blood and a swastika was painted on the wall. On the Facebook… View more
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