As of: February 29, 2024, 10:45 a.m
By: Philipp Bräuner
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There are a few things employers should take into account when applying for applications from people with severe disabilities.
Because the procedure is precisely defined by law.
Frankfurt - To ensure that people with severe disabilities are not discriminated against, Germany has the General Equal Treatment Act, or AGG for short.
This regulates, among other things, what obligations employers have when dealing with the application of a person with a severe disability.
An earlier pension for people with severe disabilities is also possible, but not so easy to obtain.
The former would do well to be aware of these obligations.
Not just to ensure that they act fairly towards all applicants.
But because a violation can quickly become expensive.
In some cases, people with severe disabilities also have the right to additional leave.
Employers have these obligations when applying for applications from people with severe disabilities
According to Section 164 Paragraph 1 of the Social Security Code (SGB) IX, employers must not only immediately inform the representative for severely disabled people in the company about an applicant with a severe disability.
In addition, the works council or staff council must also be informed, depending on who is representing the interests of the employees.
There are a few things employers need to keep in mind when applying for jobs for people with severe disabilities.
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If this doesn't happen, it can be expensive.
This is shown by a case of an applicant with a severe disability who sued for compensation because of a rejection, which the magazine reports
on frequently
.
The court ruled in favor of the applicant because the company being sued could not prove that it had followed all the relevant steps in the application process.
Differences between public service and private enterprise
If an employer adheres to these procedural regulations, he or she is not obliged to invite the applicant to an interview.
However, this does not apply to the public service, explains the DGB Legal Protection.
Even then, discrimination can be suspected unless the person applying is obviously unsuitable.
Despite these sometimes rigid legal regulations, equality often still only exists on paper.
According to the employment agency, 7.8 million people with severe disabilities lived in Germany in 2021.
Almost 50 percent of them were employed.
People with severe disabilities can also receive financial relief from the state through a so-called “compensation for disadvantages”.
But people with a disability level of 30 can also receive support with an equality application.
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