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ARTICLE · 05 JULY 2012

False Information An Indication Of Discrimination Against Ethnic Origin

Oppenhoff
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By judgement of 21 June 2012 (docket no. 8 AZR 364/11), the Federal Labour Court (BAG) has ruled that false or contradictory information given by an employer regarding the reasons for a negative personnel decision can be an indication of a discrimination against the employee on grounds of ethnic origin.

GermanyEmployment and HR
Kathrin Vossen
Kathrin Vossen
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By judgement of 21 June 2012 (docket no. 8 AZR 364/11), the Federal Labour Court (BAG) has ruled that false or contradictory information given by an employer regarding the reasons for a negative personnel decision can be an indication of a discrimination against the employee on grounds of ethnic origin.

The case for decision by the BAG was a complaint filed by a plaintiff born in Turkey whose fixed-term employment contract had not been prolonged, whereas a comparable employee of German origin had been offered an indefinite employment relationship by the employer. The employer based its decision against the plaintiff on performance deficiencies, despite having given her a reference in which it qualified her work as being "to our utmost satisfaction" ["zu unserer vollsten Zufriedenheit"].

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