The Latest From Germany: More Holidays For Older Employees – Necessary Protection Or Discrimination?

Since 2006, when the General Equal Treatment Act came into force in Germany, most decisions about discrimination have dealt with alleged discrimination based on age. Is this surprising? Probably not. According to the Federal Anti-Discrimination Agency in Germany, every fifth German claims to have already experienced discrimination at work based on age.

However, the companies’ attempts to actively promote the older employees might give rise to employee claims as well. The Federal Labor Court in […]

By | June 5th, 2015 ||

SCOTUS: Employers Do Not Have To “Know” Of Applicant’s Need For Religious Accommodation To Be Liable For Failure To Accommodate

The U.S. Supreme Court has made clear in EEOC v. Abercrombie& Fitch Stores, Inc., No. 14-86, 2015 U.S. LEXIS 3718 (U.S. June 1, 2015), that an employer must not only accommodate an applicant’s religious belief or practice, but also ask whether a suspected conflict between a work rule and religion in fact exists if the applicant does not raise the issue.

Samantha Elauf applied for a position with Abercrombie & Fitch Stores, Inc. (Abercrombie), a […]

By | June 4th, 2015 ||

Australia: Acceptable alternative employment: have you done enough to claim the redundancy pay exemption?

From individual redundancies to large scale restructures, redundancy continues to be a dominant theme in 2015. One of the recurring issues is whether an employer is exempt from the obligation to pay redundancy pay because it has obtained “other acceptable employment” for the worker. The Fair Work Commission (Commission) has dealt with this issue in a number of cases since late 2014 and in each of these cases, ordered the employer to pay redundancy […]

By | May 25th, 2015 ||