The German Federal Court has ordered an employer to pay compensation to a job applicant who claimed that he had been turned down for a job because of his disability.
The employer in question had failed to notify the German state employment agency of the vacant position or conduct a formal interview. Every employer in Germany is required to submit a notification before advertising a new job vacancy so that it can be established whether the vacant position could be filled by an unemployed candidate – and particularly one who is disabled.
The Court added that under current reversal of proof rules failing to comply with notification requirements is itself sufficient evidence to support a prima facie case for discrimination. It is therefore up to the employer to show that they did not discriminate.