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Germany / Federal Social Court / B 11 AL 5/14 R

Woman v Employment Agency

Policy area:
Employment and social policy
Deciding Body type:
National Court/Tribunal
Deciding Body:
Germany / Federal Social Court
Decision date:

Key facts of the case:

The plaintiff was employed by a judicial authority of the city of Hamburg. Since July 2010 she had the status of disabled person, the rank of disability being 30. In September 2010, in order to increase her possibilities to get a new job she applied for being legally equated with a severly disabled person to the Federal Employment Agency which rejected her application. Her request to the Agency was due to an unsuccessful application for a training to become a financial consultant in Septemer 2009. She did not pass the medical examination which is required in order to gain the status of a civil servant. The law suit against the rejection was still pending when she addressed the Agency. The plaintiff appealed the decision of the Employment Agency and filed several lawsuits until the Regional Social Court of Hamburg granted her claim. The defendant filed an appeal to the Federal Social Court which upheld the decision. The Court recalled the provision 2 para 3 Code of Social Law IX which stipulates that persons with a degree of disability between 30 and 50 are to be considered equivalent to severely disabled persons in case they cannot find or retain a suitable employment due to their disability. This requires that the persons wants to find a specific job and it includes possible career developments in the framework of the employment of a civil servant, which results from the right to a non-discriminatory access to the labour market.