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liability risk for employers because of non-discrimination - Employment Dresden

legal principle - Labour Dresden:


requests the employer prior to cessation of the applicant a medical examination because of suspected disease, can it be a violation of the prohibition of discrimination with compensation requirements (BAG, Judgement 17.12.2009 , 8 AZR 6700/08)

Facts - Labour Dresden:

A advertises itself as a biologist at company B. A has a stiff gait. From B required prior to setting an X-ray of the spine to determine whether "morbis spondylitis" is present. This disease often leads to depression. A refuses and will not set. A complains to compensation because he had not been employed for only a suspected disability.

legal reasons - Labour Dresden

compensation can already be considered if the employer is a ground of discrimination remain speculative, § 15 para 2, 7, Paragraph 1, 2 Ms AGG. Basically, the employer may ask after the health fitness of applicants for the vacant position. In the present case from B has not provided any link between the demands of the job and the demands for establishing health.

my right tip - Labor Dresden

"The potential employer should in terms of compensation liability under the AGG questions about diseases in the questionnaire to remove or justify such issues in the context of a post, actually," said lawyer Ulrich Horrion from Dresden

lawyer Ulrich Horrion

http://www.arbeitsrecht.rechtsanwalt-horrion.de/

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http://www.insolvenzrecht.rechtsanwalt-horrion.de/

http://www.verkehrsrecht-dresden.rechtsanwalt-horrion.de/