You suspect your application was rejected on account of a severe disability? Then, as a first step, you must list concrete reasons as to why: You need to present so-called circumstantial evidence indicating that an incidence of discrimination has occurred.

There must be verifiable indication(s) that you were rejected on account of a severe disability and not for any other reasons. If such proof can be furnished, then the employer must demonstrate in court that discrimination did not in fact take place.

Note: Even if you do present inherently suitable circumstantial evidence, the employer may refute it. In this case, the employer must provide an explanation that is able to persuade the court that there were other non-discriminatory reasons for this rejection (e.g. professional experience or other job requirements).

Did you apply for a position at a public authority and were rejected despite possessing a severe disability?

If employers do not adhere to their advancement obligations as laid down in Social Code Book IX (SGB IX), this constitutes circumstantial evidence of discrimination. These advancement obligations include public authorities being required to invite severely disabled applicants to the interview. The sole exception is if the application clearly shows: This person is wholly and obviously unsuited to the position.

“Public employers” that must invite eligible severely disabled applicants are:

•  Institutions at federal, Land or municipal level as well as
• Other local authorities, associations of local authorities as well as public-sector bodies, establishments or foundations.

Public employers do not include:

• Public sector businesses, e.g. organised in the legal form of a limited company (GmbH) or public corporation (AG).
• All private-sector employers.