On May 28, 2026, the Labor Court (Arbeitsgericht (ArbG)) of Berlin dismissed a claim for compensation brought by a nonbinary person under the General Equal Treatment Act (Allgemeines Gleichbehandlungsgesetz (AGG)) (Ref. No. 42 Ca 3438/26). The decisive issue was not whether discrimination had occurred, which the court left open, but whether the application was genuinely aimed at obtaining the position. On the facts, the court treated the application as a vehicle for generating a compensation claim and therefore rejected the claim as an abuse of rights.
Quick Hits
The ArbG Berlin found that a nonbinary person’s employment application was not genuinely aimed at obtaining the position and therefore dismissed the subsequent compensation claim as an abuse of rights.
Whether a disadvantage had occurred remained open because the court dismissed the claim on the basis of abuse of rights.
Protection of nonbinary persons against discrimination remains unaffected.
The Case—Binary Job Posting… Read the complete article here...
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