Interpretation of the Regional Labour Court

In the UK, an employer has been convicted of discrimination based on disability. He had to pay £ 18,000 because he had terminated an HIV-infected employee.

In 2013, the Federal Labour Court (6 AZR 190/12 ) held that an asymptomatic HIV infection is considered a disability within the meaning of § 1 of the General Equal Treatment Act. In this specific case, the applicant was dismissed during the probationary period, as the employer became aware of his asymptomatic HIV infection. He worked as a chemical- technical assistant in a pharmaceutical company and the employer feared contamination of the medication.

Since he felt discriminated against due to his chronic illness, he sued. The action was dismissed at first by the Labour Court of Berlin and Regional Labour Court Berlin. The Federal Labour Court decided on 19 December 2013 that an asymptomatic HIV infection falls under the disability concept of AGG. BUG had accompanied this lawsuit.

© Büro zur Umsetzung von Gleichbehandlung e.V. 2011