As an employee with a severe disability, the AGG protects you from discrimination. It also constitutes discrimination when an employer refuses to accommodate your disability by adapting the workplace and the way your work is organised (c.f. Federal Labour Court, decision of 19/12/2013, 6 AZR 190/12).

Additionally, the provisions in the Social Code (section 164 (4) of Social Code Book IX) obligate the employer to remove obstacles that exist for disabled employees. Severely disabled people are entitled to an occupation in which they can apply and hone their skills and knowledge. That is why the employer must carefully check the employment possibilities. The employer must furnish the workplace to be accommodating – this applies to the working environment, the way the work is organised and the working times.

However, a disadvantage could be justified if the occupational requirements make it necessary. The employer can specify what requirements apply for a particular workplace in order for the tasks to be completed properly. Furthermore, the employer has an inherent right of instruction vis-a-vis all employees. The employer can therefore demand that you adhere to the necessary professional requirements. And an employee with a disability is not entitled to a particular workplace just because they personally prefer it.

Further information on this topic can be found in the FAQ on “Disability and chronic disease”.