German Disability Groups Blast Government as Legal Hurdles Grow: Court Rulings Show Employers on the Hook for Big Payouts
18.06.2026 - 01:32:31 | boerse-global.de
The decision, handed down by the Cologne Regional Labour Court on 30 January, illustrates how failing to follow simple procedural rules can prove costly.
The firm had failed to instruct the Federal Employment Agency to mediate—a legal requirement when considering severely disabled applicants. On top of that, the judges ruled that an inadequate explanation about a Google search conducted during the screening process violated the General Data Protection Regulation, triggering an additional €500 payment. The applicant, a fully qualified lawyer, had clearly marked his severe disability on the first page of his curriculum vitae.
While that case demonstrates the financial risks employers now face, disability advocates are warning that a separate legislative retreat will make it harder for similar victims to win at all. The federal government has watered down its planned reform of the General Equal Treatment for Persons with Disabilities Act (Behindertengleichstellungsgesetz). An earlier proposal would have required claimants only to “make plausible” facts suggesting discrimination, shifting some of the burden of proof. That provision has been removed from the cabinet draft. Full proof remains with the affected person.
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The Social Association of Germany (SoVD) and the German Disability Council sharply criticised the change. “This makes enforcing rights significantly more difficult,” the associations stated. A public hearing in the Bundestag is scheduled for 22 June.
Mobility Rights Expanded for Severe Obesity
On 11 June, the Federal Social Court (BSG) lowered the threshold for the “G” marker—a designation that confirms a person has a substantial impairment of mobility in road traffic. In the specific case, the individual could cover only 200 to 300 metres even with assistive devices. The court clarified that what matters are the actual effects on walking ability, not solely the medical diagnosis. Recognition is possible even outside the explicitly listed standard cases if the restrictions are comparably severe.
Probation Period Protections Are Not a Blank Cheque
Although Germany’s special statutory protection against dismissal normally kicks in only after six months, legal experts point to a European Court of Justice ruling: employers must already make reasonable accommodations during the probationary period. A termination may be unlawful if a different available position could have been assigned, provided that does not impose a disproportionate burden on the company.
Meanwhile, labour courts are tightening employers’ ability to revoke home-office arrangements. In February, the Düsseldorf Labour Court ruled that blanket withdrawal of a right to remote work as a “privilege” is not permissible. The employer must specifically explain which operational goals increased office presence is supposed to achieve.
Tax Breaks and Scrutiny at the Pension Offices
Updated disability tax allowances apply from 2026: between €1,140 and €2,840 depending on the degree of disability. For individuals with markers such as “H” (helplessness) or “Bl” (blindness), the amount can reach up to €7,400. Employees with a degree of disability of at least 50 (GdB 50) are entitled to five additional vacation days.
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At the same time, pension offices have intensified reassessments. Affected persons are increasingly receiving warning letters about lowering their GdB. Legal experts caution that a reduction requires a substantial change in the person’s health condition—and the burden of proof rests with the authority. The Berlin-Brandenburg Social Court ruled in 2025 that a stable disease course without significant improvement does not justify a downgrade.
