• Germany’s Federal Labor Court ruled in June 2025 that failing to appoint an inclusion officer may indicate discrimination, though it does not automatically constitute discrimination based on disability.
• In April 2025, the Federal Labor Court clarified that an employer does not need to conduct a prevention procedure before giving notice of ordinary termination during the statutory waiting period in cases involving disability.
• In October 2025, the Federal Labor Court decided that employees can claim pay discrimination if they earn less than a single comparable colleague, regardless of the median pay for men and women.

Appointment of an Inclusion Officer as an Indicator of Discrimination

The Federal Labor Court (decision dated June 26, 2025 – Ref. No. 8 AZR 276/24) held that a mere failure to appoint an inclusion officer does not, by itself, constitute discrimination based on disability. However, it may serve as an indication of discrimination. Employers that have not yet made the appointment required by Section 181 of the Social Security Code IX (SGB IX), may want to ensure that they do so.

Warnings issued to employees with severe disabilities can constitute discrimination. If the representative body for employees with severe disabilities is not informed and heard before a warning is issued, this may indicate causation where the specific concerns of the employee with a severe disability are affected. This can be the case, for example, with warnings for refusing to perform...

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