As the Federal Labour Court now ruling of 01.27.2011 (ref. 8 AZR 580/09) has made clear is the scope of the 9th Social Code exclusively for severely disabled people with a disability (degree of handicap) of at least 50 and for those that are treated by a formal procedure. Not treated as persons appointed since the entry into force of the General Equal Treatment Act (AGG ) the prevention of discrimination due to disability only to the rules.
In the case decided that the applicant had, at the detected a degree of handicap of 40, whose application was rejected on equality but, in vain for a job as a secretary advertised. Their non-setting led them to the fact that the defendant in an unlawful manner on several occasions not apply the rules in Book IX. This paper, however, had no success in all instances. How has the last run BAG, are persons such as the applicant since the implementation of the Framework Directive 2000/78/EC of 27 November 2000 to AGG protected by it, so that an analogous use of the rules in Book IX is not longer be eligible.
This requires, however, that are presented in litigation relevant facts that trigger a presumption of discrimination within the meaning of the AGG !
That the applicant had not done so, that its action had already therefore no prospect of success.
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