As of: February 29, 2024, 9:23 p.m
By: Philipp Bräuner, Sandra Sporer
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The General Equal Treatment Act protects people with severe disabilities from discrimination.
But not all employers know their obligations - this can be expensive.
Bremen – According to the Employment Agency, 7.8 million people with severe disabilities lived in Germany in 2021.
About 50 percent of them were employed.
To ensure that these people are not discriminated against in their professional lives, Germany has the General Equal Treatment Act (AGG).
This specifies, among other things, what obligations employers have when processing an application from people with severe disabilities.
It is particularly difficult for people with certain severe disabilities to find a job.
It is beneficial for employers to familiarize themselves with these obligations.
Firstly, to ensure that they are fair to all applicants.
But also to avoid violations, as these are punished with high penalties.
For people with walking difficulties, the symbol aG also makes everyday life easier.
There are a few things employers need to keep in mind when applying for jobs for people with severe disabilities.
© Clique Images/IMAGO
People with severe disabilities in their professional lives – employers must take this into account when applying
According to Section 164 Paragraph 1 of the Social Security Code (SGB) IX, employers are obliged to 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.
Failure to do so could result in high costs.
This was made clear by a case of an applicant with a severe disability who sued for compensation following a rejection and was reported by
haufe
magazine .
The court ruled in favor of the applicant because the defendant company could not prove that it had followed all relevant steps in the application process.
In the public service, different rules apply when it comes to equal rights for severely disabled people
An employer is not obliged to invite the applicant for an interview if the employer follows these rules of procedure.
The public service is exempt from this, as DGB Legal Protection explains.
In this case, a disadvantage can already be assumed.
Unless the applicant is obviously unsuitable.
Despite these strict legal regulations, equality still often only exists on paper.
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However, in 2024 some laws and regulations for people with severe disabilities will change.
For example, the standard rates of subsistence benefits were increased.
(
pkb/sp
)
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