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Case report

2013-01-24

Germany

2013/39 Advertising vacancies for ‘young professionals’: presumptive age discrimination (GE)

An employer that addresses its job offer for a management trainee programme to “college graduates/young professionals” and then declines to offer a place to a 36 year old applicant, potentially unlawfully discriminates on the grounds of the applicant’s age. The employer bears the burden of proof to rebut the presumption and show that the applicant was denied an offer for non-discriminatory reasons.

Bundesarbeitsgericht (Federal Labour Court), 2013-01-24

Summary

2013-01-24

2013/39 Advertising vacancies for ‘young professionals’: presumptive age discrimination (GE)

An employer that addresses its job offer for a management trainee programme to “college graduates/young professionals” and then declines to offer a place to a 36 year old applicant, potentially unlawfully discriminates on the grounds of the applicant’s age. The employer bears the burden of proof to rebut the presumption and show that the applicant was denied an offer for non-discriminatory reasons.

Bundesarbeitsgericht (Federal Labour Court), 2013-01-24

Case report

2013-01-01

2013/43 The impact of Ring on European and Austrian practice (Article)

This article reviews and comments on the recent European Court of Justice (the ‘Court’) ruling in the joined cases Ring and Skoube Werge11 (together: ‘Ring’). The Court adopted a definition of ‘disability’ within the meaning of Directive 2000/78 in line with the UN Convention on the Rights of Persons with Disabilities. The Court also held that a reduction in working hours can be a reasonable accommodation. Has Ring brought anything new when compared with the Court’s 2006 ruling in Chacón Navas2?

Summary

2013-01-01

2013/43 The impact of Ring on European and Austrian practice (Article)

This article reviews and comments on the recent European Court of Justice (the ‘Court’) ruling in the joined cases Ring and Skoube Werge11 (together: ‘Ring’). The Court adopted a definition of ‘disability’ within the meaning of Directive 2000/78 in line with the UN Convention on the Rights of Persons with Disabilities. The Court also held that a reduction in working hours can be a reasonable accommodation. Has Ring brought anything new when compared with the Court’s 2006 ruling in Chacón Navas2?

Case report

2012-06-21

Germany

2012/46 Incorrect information by employer may indicate discrimination (GE)

The employer decided not to extend a Turkish employee’s fixed-term (temporary) contract. When the employee ask it to disclose the reason for the non-renewal, the employer offered a variety of explanations, including low quality of work, a company merger, a drop in volume of work and lack of vacancies. The employee sued successfully for damages, claiming that the real reason for the non-renewal of her contract was her ethnic origin. The court explored the difference between nationality and ethnic origin.

Bundesarbeitsgericht (Federal Labour Court), 2012-06-21

Summary

2012-06-21

2012/46 Incorrect information by employer may indicate discrimination (GE)

The employer decided not to extend a Turkish employee’s fixed-term (temporary) contract. When the employee ask it to disclose the reason for the non-renewal, the employer offered a variety of explanations, including low quality of work, a company merger, a drop in volume of work and lack of vacancies. The employee sued successfully for damages, claiming that the real reason for the non-renewal of her contract was her ethnic origin. The court explored the difference between nationality and ethnic origin.

Bundesarbeitsgericht (Federal Labour Court), 2012-06-21

Case report

2012-05-04

France

2012/21: Sexual harassment no longer a criminal offence (FR)

The definition of sexual harassment in French criminal law has been declared unconstitutional because it is insufficiently precise. Although this decision by the Constitutional Court regards only criminal law, not employment law, it is likely to have an impact on employment law as well.

Conseil Constitutionel, 2012-05-04

Summary

2012-05-04

2012/21: Sexual harassment no longer a criminal offence (FR)

The definition of sexual harassment in French criminal law has been declared unconstitutional because it is insufficiently precise. Although this decision by the Constitutional Court regards only criminal law, not employment law, it is likely to have an impact on employment law as well.

Conseil Constitutionel, 2012-05-04