Sufficient resources for
the Equal Opportunities
Commission;
The planned reduction in size of the Civil Senates is basically a positive step for the acceleration of the proceedings before the Equal Opportunities Commission. It is, however, questionable if this measure will
suffice to shorten the length of the proceedings and encourage persons
seeking legal recourse to file a complaint. The basic prerequisites are
sufficient financial and personnel resources. Furthermore, the AOB recommends a comprehensive obligation to publish court rulings on the
Equal Opportunities Commission website, which could also illustrate
differences of opinion between the Equal Opportunities Commission
and the courts.
The following AOB investigative proceedings show that in 2012, there
were improvements in the enforcement of existing laws, but that there
are still shortcomings. The AOB was confronted with various topics,
including inadequate accessibility, gender-stereotypical assignment
of roles in job application procedures, sex changes of transgender
women, discrimination with regard to family benefits for foreigners
and discrimination due to sexual orientation.
Discrimination due to illness or disability
Discrimination due to aptitude tests which are not barrier-free
There is no doubt that aptitude tests, which are not barrier-free,
and inadequate conditions, such as the available time, represent
prohibited discrimination
Mr. N. was diagnosed with spastic diplegia that had been present
since birth. He is also visually impaired. Mr. N. applied at the Federal
Ministry of Labour, Social Affairs and Consumer Protection for a job
as administrative intern, which had been explicitly put out to tender
for the severely disabled in accordance with the Employment of Disabled Persons Act. He was invited to take an aptitude test; however, the
test results did not reflect his knowledge and capabilities, as the test
procedure was not barrier-free.
Test results not taken
into consideration
The Federal Ministry of Labour, Social Affairs and Consumer Protection stated in this regard that Mr. N.’s application documents did
not show that he was visually impaired. In such cases, the aptitude
test was naturally not used, they said. Therefore, it was clear that the
negative test results would not be considered in the further selection
process.
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