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Labour Court Stuttgart: discrimination as "Ossi" no discrimination on grounds of ethnic origin under the AGG

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

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New About Anti-Discrimination Law

A new overview of the anti-discrimination law interested parties can now access the Internet. Federal anti-discrimination agency has compiled important decisions of German and European courts, legal regulations and initiatives in a 24-page document.
Among the contents of the collection of judgments disadvantages for ethnic origin, sex, religion or belief, disability, age or sexual identity.

have questions regarding age discrimination, the courts busy over the past year increased, shares the federal agency in Berlin. It was established in August 2006 with the entry into force of the General Equal Treatment Act (AGG). The aim is to avoid when applying for a job or an apartment, but also in many other aspects of daily life or eliminate discrimination.

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BAG: New holiday law also applies to additional leave of severely disabled people

The new case law that workers also an allowance in lieu have if they were all over the leave year and over the vesting period beyond sick, applies not only to the statutory minimum leave, but also for the additional leave of severely disabled people. For over and above the statutory minimum holiday entitlement to leave the tariff agreement, however, parties may determine that compensation is ruled out.

The case:
The handicapped applicant has worked since 1971 in the field for the defendant. On the employment of the collective agreement for employees of the Federal Insurance Institute for Salaried Employees, was applicable, the one above the legal minimum holiday entitlement in excess leave envisaged.

The plaintiff was the beginning of September 2004 until the termination of the employment relationship on 09/30/2005 incapacitated for work because of a severe disc disease. In his application, he demanded compensation

- the statutory minimum leave,
- the severely disabled and leave
- the statutory rate on leave for the years 2004 and 2005.

After the defendant had accepted the conviction on appeal to settle the minimum holiday entitlement, the parties argued in the review only on the settlement of the severely disabled and the supplementary period of collective legal holiday.
The BAG was an action for compensation for the severely disabled supplementary period as opposed to an action for compensation in the statutory More holiday instead.

The reasons:
The plaintiff against the defendant is entitled to compensation for the supplementary period for the handicapped.
The new jurisdiction of the Senate (BAG, ruling of 03.24.2009 - 9 AZR 983/07), under which the four-week statutory minimum leave is at the termination of the employment relationship even financially compensated do if employees are off work sick until the end of the transfer period , applies to the severely disabled, according to additional leave.
shares entitlement to severe disability additional leave the legal fate of the minimum holiday entitlement.
However
is not entitled to compensation in the statutory holiday More.
The collective bargaining parties may stipulate that over and above the statutory minimum leave allowance in lieu of tariff is void if the leave entitlement because of the illness of the employee can not be met. Such legislation is available here. Claims for compensation in the statutory More holiday should go down to the apparent will of the parties to collective agreements at the end of the transmission tariff period.
(BAG decision of 23.3.2010, 9 AZR 128/09 - Source: BAG PM No 25 of 23.3.2010)

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BAG: refusal of local allowance for stepchildren in a registered partnership in the collective agreement is discriminatory

local allowance for stepchildren in a registered partnership:


The remuneration system of the bat child-related elements of pay were provided. Condition for entitlement to § 29 Sect was para 3 B BAT is entitled to child benefit. For these, acc. § 63 para 1 ITA also taken into account by the holder in his budget recorded children of his spouse. The registered partnership is, however, not marriage. So stand by the collective right of public employees, the children of their registered partner in their household recordings, no claim to the child-related component in the local supplement to. In that regard, however, favored equality unconstitutional § 29 Section B paragraph 3 BAT registered partners and was therefore in accordance. Article 3 paragraph 1 GG ineffective.

The applicant is employed as a teacher at the defendant the state. Since 3 June 2005, she founded a registered partnership. Live in the same household, the two natural children of the female partner of the applicant. With its application, the applicant of the child element of the local award coveted by € 167.56 gross per month for the period since its partnering.

Their action had in the lower courts before the sixth Senate of the Federal Labour Court of success. The child-related component in the local allowance was granted in terms of the education and care of children following financial burden for the budget recorded in children of the spouse because this recording was based on a family care and education money. Based on this, there were no objective reasons that justify failure to the child-related component in the local supplement for children recorded in the budget of the registered partner. Since its transfer to the collective agreement for the public sector in the country (TV-L) 1 November 2006, the applicant entitled to this pay component locking grandfathering allowance.




(Federal Labour Court, Judgement of 18 March 2010 - 6 AZR 156/09 - lower court: Saxon State Industrial Court, Judgement of 27 January 2009 - 7 SA 195/07 -

The Sixth Senate on the same day one after Australia sent in a registered partnership surviving employees of the Goethe-Institute a rate for the scheme to only married couples awarded to be paid overseas contract because even so far registered partners compared to married people are disadvantaged equal unconstitutional.

Federal Labour Court, Judgement of 18 March 2010 - 6 AZR 434/07 - lower court: Regional Labour Court of Munich, Judgement of 10 May 2007 - 2 Sat 1253/06 -)

Source: Federal Labour Court, Press Release No. 23/10