A disadvantage is East German in the application process, according to the Labour Court of Stuttgart is no entitlement to compensation discrimination because of ethnic origin meaning dar. § 1 AGG Even if the designation as " Ossi meant to be "discriminatory or can be perceived, have East and West German no different ethnic origin.
The case:
The applicant is from the former DDR (East Berlin) and was moved before the turn into the Federal Republic. They had applied unsuccessfully to the defendant Stuttgart-based company to an offer. On the returned CV there was the handwritten notation "(-) Ossi".
The applicant saw this as an indication that they had been dismissed because of their origin from East Germany, and demanded compensation under § § 1, 15 AGG. The defendant, who employs several employees at its representation in the new states, took the view that East Germans did not constitute ethnic group in the sense of the AGG. Moreover, the authorities had not been canceled because of the origin of the applicant.
The action before the Labour Court had no success. The applicant can appeal against the verdict or appeal.
Tues e decision of the Labour Court of Stuttgart:
the applicant against the defendant is not entitled to compensation. § 1 AGG only prohibits discrimination on the grounds of race, ethnic origin, gender, religion or belief, disability, age or sexual identity. None of these grounds is satisfied. There is no particular disadvantage because of the ethnic origin of the applicant.
The common ethnic origin can be expressed in tradition, language, religion, clothing, or other similar food. Even if the term "ethnic group" would be understood in the sense that this population of persons are meant, which are connected by their origins, their history, their culture, their connection to a specific territory and a shared sense of solidarity, then the designation as "Ossi" the concept of ethnicity rather than the overall structure of these elements meet.
lies in the east German possibly before a common connection to the former East German territory. To further an ethnic group forming Features it is missing - especially as the GDR is little more than a generation, namely 40 years, has taken a different development of the Federal Republic. East Germans have therefore compared to West Germans do not own ethnic origin.
(Stuttgart Labour Court, Judgement of 04/15/2010, 17 Ca 8907/09 - see also press release from the Labour Court of Stuttgart on 15/04/2010
