Killington And Tubing

Westerwelle the symptom and the Egyptian "revolution"

Ever since the demonstrations and at times even riots in Egypt the media gets filtered and processed, I ask myself the same question I've already noticed in the revolt of the second row in the FDP:
What do the actually replace the existing?

Difficult to say who will prevail in Egypt. Presumably you have the choice between an infinitely long continued, temporary military dictatorship and the assumption by the well-organized Islamists from the Muslim Brotherhood. For the West, especially Israel, the former would be the better alternative, but some of the leadership of the Brotherhood have indicated how they intend to improve the situation of the Egyptians. War with Israel. Sure, why if you're not on it earlier come?
is a corrupt tyranny to be a start, unfortunately, nothing more. stood behind the uprising, at least initially, a lot of pent-up frustration over the failed model Mubarak, what is lacking is a clear philosophy that might be close dishes of this gene.

What brings me back to the FDP. Guido Westerwelle may be responsible for anything because the party that he "leads", stands for nothing. The Project 18 is not so threatening to the project to 4, because the FDP is the man to lead misrepresented. Westerwelle is one of the symptoms of a social democratic FDP, which wants nothing but better election results.
The 18% are symbolic in this Respect. If you have a clear political philosophy, an attempt is a majority of the voters of this convincing. What use is the thing good is within yourself But if only a few taxpayer-funded posts would have more, then you try to get more viewing minutes, rather than the few that one has to be filled with intelligent, coherent content.
are the rest of Liar Liar in the blue and yellow only better dressed and trained socialists, since, in principle, provide none of the established in Germany concepts really in question (pyramid scheme redistributive state, publicly subsidized decline of morality and family, gigantic government share, synchronized "universal service" in the media etc. etc.) they will get stuck with a much more sympathetic and better seller slogans.
And although the weakness of the so-called mainstream parties was a real opportunity to distinguish themselves.


Man, the situation of "liberals" well summarized by saying that Abraham Lincoln be ascribed
can some people fooled for all time and all people for some time, but you can not fool all people for all time.

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BAG: disregard of parental on steps duration of TVöD does not constitute discrimination

The failure to count parental leave on the steps of the TVöD term means either direct or indirect discrimination against women because of their sex. As the levels rise to honor the experience brought about by greater improvement in work performance and during parental leave no work experience is gained, is the TVöD onto an objective criterion that has no relation to discrimination based on sex.

The case:
The applicant has worked in the costume department of the defendant maintained by the Municipal Theatre and did tailoring. Following the birth of her second child she was, 28.4.2005 to 29.2.2008 on maternity leave. Meanwhile entered into force on 10.01.2005 in the TVöD force. The applicant was fairness in the charges grouped in group 5. At level-up caused the defendant to parental leave pursuant to § 17 para 3 TVöD ignored and compensated by the applicant after the stage 2 pay band.

coveted With its application, the applicant to establish that the defendant is under obligation to pay for the level 3 of the relevant pay band. At the same time she made the resulting differences (about 100 € gross month) claim for the period March 2008 to August 2008. The exclusion of the parental-years at the level up, constituted an unlawful discrimination because of sex dar. The complaint was not successful in all instances.

The grounds of the BAG:
The applicant is not entitled to compensation for the level 3 of the relevant pay band. The defendant has requested the assignment of the applicant's right to stage the period in which the applicant had claimed parental leave, leave not taken into account.
The rise in the next stage of a pay band is a forward in § 16 para 3 TVöD (MCA) in the individual fixed period of continuous activity in the same pay band. According to § 17 para 3 sentence 1 TVöD following are among the terms of protection under the Maternity Protection Act (Maternity Protection Act) of continuous work the same. Parental leave is however up to a period of five years, according to. § 17 para 3 sentence 2 TVöD but do not count on the steps of life, takes place at a longer period according to § 17 para 3 sentence 3 TVöD grds. downgraded by one level.

The order in the collective agreement provided for inhibition of the step duration up to a period of five years through the use of parental leave, is compatible with EU law and with the Basic Law.

out the failure to count the time parents in particular not to any direct or indirect discrimination against women because of their sex. Since the employment relationship is suspended during parental leave under suspension of the mutual primary, During this time no work experience is gained. The level-up system of pay to the TVöD but just reward the entrant with more experience improve the performance. The TVöD is so off on an objective criterion, which has no relation to discrimination based on sex.
(BAG, decision of 01.27.2011, 6 AZR 526/09)

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BAG: Discrimination against pregnant women in promotion: An presumption no strict rules are put

applying for a pregnant female employee to a higher position in the company and occupied the employer, the pregnancy is known, the place with a man, then the employee a gender discrimination prima facie evidence when it states, except in pregnancy more facts suggest a disadvantage because of their gender. At this next statement of fact, no strict requirements are placed.

The case: The plaintiff was
since April 2001 worked for the defendants, most recently as one of three department heads in the "International Marketing". Her boss was the Vice President. After his place had become vacant, decided the defendant, not to fill the position with one of the two male department heads from the field and with the applicant. This was when the decision pregnant, what did the defendant.

coveted With its application, the applicant to pay damages because she was with the promotion decision was discriminated against because of her sex:
The negative selection decision was made for her because of her pregnancy and subsequent motherhood. Even at the announcement of its failure to take account that the defendant on her family situation noted.

The Labour Court granted the application, the LAG, it dismissed the appeal by the defendant and affirmed the decision to repeal the decision and referred back by the BAG in the result.
The BAG had assumed that the applicant has presented facts that their gender discrimination under § 611a para 1 BGB (valid until 17.8.2006, then: AGG) suggest could. In his new ruling took the LAG after inquiry, that the other facts presented by the applicant no presumption of discrimination because of their sex could give rise to the promotion decision.
On appeal, the applicant raised the BAG's decision was on again, and dismissed the case for a new trial and decision of the LAG.

The grounds of the BAG:
It can not be a final decision on whether a discrimination is to suggest to the applicant because of her sex. In the present situation is a sex-discrimination prima facie evidence when in the circulation passed over a worker other than the pregnancy further facts claimed, the suspect can be a disadvantage because of their gender. At this next statement of fact, no strict requirements are placed.
according to these principles was the decision of the LAG annulled because the latter before the fact-finding and the denial of the presumption of discrimination against the applicant's right to have made mistakes.
(BAG, decision of 1/27/2011, 8 AZR 483/09)

Background:
Already by order of 07.22.2010 (ref. 8 AZR 1012/08) had the Senate on a gender discrimination in a to decide promotion decision, and in this The case of Berlin-Brandenburg, the applicant had, in particular therefore awarded compensation because women were underrepresented in the boardroom of the company.

The BAG also repealed the decision and explained this as follows: From statistics could Although grds. Evidence of a gender discrimination made. Just the fact that in the upper levels of the hierarchy of the employer of women was significantly lower than in the entire company, is still no indication of a gender discrimination against women in promotion decisions

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BAG: disabled - but not severely disabled - Applicants may not refer to the SGB IX, but certainly on the AGG appointed

Who Disabled but not severely disabled or severely disabled People can be treated, in order to block a claim of disability discrimination only on the AGG. An (appropriate) use of the safeguard provisions in Book IX is carried out with the AGG since the implementation of the Framework Directive 2000/78/EC into German law no longer under consideration.

The Case::
The applicant has completed training to include a health clerk. At her request, the Supply Office finds in her a degree of disability (degree of handicap) of 40. Your application to be treated as severely disabled people had not been met.

The applicant applied to the defendant for a job as a secretary the chief consultant and pointed out explicitly in the present with her degree of handicap of 40. The defendant occupied the position taken with another candidate, but for the provisions in Book IX for the protection of disabled people, or invite the applicant to an interview to have.

With its application, the applicant requested compensation for discrimination as disabled. Although it is neither difficult nor hindered had been identified as suffering from severely disabled people with equality, the latter had been promised her but in case of need. The defendant was suitable for the job several times violated the SGB IX, which trigger the presumption that the refusal to pay its Disability played a role. This presumption that the defendant had to be overturned.

The complaint was not successful in all instances.

The grounds of the BAG:
the applicant against the defendant has no right to compensation. The defendant had the applicant not be treated in accordance with the rules in Book IX, as the applicant does not fall under the scope of the law. The SGB IX applies only to severely disabled people with a degree of handicap of 50 or at least treated as such by a formal man.

However, since August 2006 are all disabled people under the protection of the AGG. The applicant has, however, rely solely on the violation of rules in Book IX and not supported by facts that trigger the presumption of discrimination within the meaning of the AGG. After having reacted with the AGG under the Directive 2000/78/EC of the Council of 27/11/2000 in German law, is necessary in the meantime shall apply the rules in Book IX at people with severe disabilities are no longer considered.
(BAG, decision of 1/27/2011, 8 AZR 580/09)

Notes:
The ruling clearly indicates that those who obstruct, but is not severely disabled are not solely rely on the AGG has provided he or she is discriminated against because of disability sees, but also must rely and that - important! - Who does, this must make it clear against the employer and in a trial, citing the facts according AGG evidence. § 22 AGG must recite:
Who makes claims under the Equal Treatment Act claim, there must be that he or she happened to discrimination not prove, but he or she has to discriminate only credibly, that evidence put forward that the alleged discrimination appear likely.
If successful, this will reverse the burden of proof, namely, and about the defendant employer must now provide the full proof that he or she has not discriminated against .
As such evidence, even "presumption facts', and makes the law apply to statistics, as such, which indicated that the defendant companies - or in the industry or on the site - or no noticeable few disabled people employed are.
So: Take heart!
is also disabled - again, not only severely disabled! - Can sue - people now in the United Nations Disability Convention to the side, which means people with disabilities their right to participate - even just in working life.
Oh yes: disabled people can, of course, both rely on the SGB IX and on the AGG and proceed according to two laws against discriminatory employers!