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. 66

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents