Germany

Germany

At a glance

• The main law governing disability inclusion in Germany is the 2006 Equal Treatment Act. This protects disabled people from discrimination in employment and as customers of goods and services (referred to as “bulk business”). 

• Article 3 of the Basic Law (Germany’s Constitution) guarantees the equality of all humans before the law. Disabled people were explicitly added to this provision in 1994. 

• Germany has signed and ratified the UN Convention on the Rights of Persons with Disabilities. 

Key stats

• One in four people in Germany has a severe disability or chronic disease (Federal Anti-Discrimination Agency). 

• The disability employment gap in Germany is 30.5 per cent. This compares with 23.1 per cent as an EU average (European Disability Forum). 

• The purchasing power of disabled people in Germany is €233.9 billion per year (Netherlands Centre for the Promotion of Imports from Developing Countries). 

The law

• Disability legislation: 
  • Equal Treatment Act 2006 – This provides broad protection to disabled people from discrimination at work and as a consumer of goods and services. 
  • Disability Equality Act 2002 – Guarantees the equality of disabled people in public law at the federal level. 
  • Social Code, Book IX – The German Social Code governs social security. Book IX concerns rehabilitation and support for disabled and unwell people to return to work. It set up a system for rating how disabled a person is by percentage (called GdB). People above 50 GdB can receive a “severely disabled person’s pass” which entitles them to some rights and protections, including protection from dismissal. 
  • Basic Law – Germany’s constitution, the Basic Law, guarantees everyone in Germany equality, regardless of a number of specified characteristics. This includes disability. This applies to their interactions with the German state, and between individuals and organisations. 

• Definition of disability: 
  • Equal Treatment Act 2006 – This defines someone as disabled when “bodily functions, mental capacity or mental health are impaired for long periods of time and negotiation with barriers in the person’s surroundings substantially limit their ability to participate in society.” (Federal Anti-Discrimination Agency, Guide to the General Equal Treatment Act). 

Language

• In Germany, many people say “behindert” to mean disabled. Some disabled people may find this offensive, as it is an example of identity-first language that “puts the disability before the person.”  

• An alternative to identity-first language in German is “menschen mit behinderung” (people with disabilities). Some disabled people in Germany may find this offensive because it is euphemistic. 

• Both terms will appear in official documents. The latter may be less likely to cause offence.  

Employment

• Adjustments / accommodations – Reasonable accommodations ”angemessene Vorkehrungen“ are not explicitly provided for in German law. However, the other relevant laws – such as the Basic Law, the Equal Treatment Act and the Social Code – functiuonally require employers to make changes at work to hire and retain disabled employees. (Federal Anti-Discrimination Agency).  
  • Equal Treatment Act – This requires employers to take any necessary measures to prevent discrimination against disabled employees. 

• Positive discrimination: 
  • Employers are allowed to give preference to disabled candidates in order to meet the 5 per cent quota. 
  • Disabled employees with a “severely disabled person’s pass” are protected from dismissal until the local Federal Determination Office allows the employer to dismiss them. 

• Quotas – Germany requires public and private companies with more than 20 employees to meet a quota of 5 per cent “severely disabled” people in the workforce. Failure to meet this quota can result in fines. Most fail to meet this quota (102,529 out of 168,693 – Federal Anti-Discrimination Agency) 

• Data – Employers are required to report on how many disabled people they employ, in order to meet the 5 per cent quota. 

Customers

• The Equal Treatment Act protects disabled people from discrimination when accessing goods and services. This is referred to as “bulk business.” There are some permissible exceptions to the requirement for equal treatment – notably, when there is an “objective reason” for different treatment. For example, an amusement park may refuse to let a disabled person use an amusement that would not be safe for them (Federal Anti-Discrimination Agency, Guide to the General Equal Treatment Act). 

• Failures to treat disabled customers equally may be a breach of Article 3 the Basic Law. 

Built environment

• Germany requires publicly accessible buildings, workplaces and accommodation facilities to be easily accessible for disabled people. The standard for this is set out in DIN 18040. Federal governments in Germany may set different standards. 

• Failure to provide accessible premises may be a breach of Article 3 of the Basic Law. 

Digital accessibility

• BITV – The Barrier-Free Information Technology ordnance requires public bodies to provide accessible websites, mobile applications, intranets and other digital products and services. It is based on WCAG but has some differences (OpenAble). 

• Accessibility Strengthening Act – This brings the European Accessibility Act (EAA) into German law. See our guidance on the EAA for more information. 

Case studies

Would you like to showcase your organisation’s work on our Knowledge Hub? Contact enquiries@businessdisabilityforum.org.uk.

Country-specific disability organisations

• Federal Anti-Discrimination Agency – Provides advice and guidance on avoiding discrimination in Germany. 

• German Disability Council – A coalition of disability organisations that seeks to represent the interests of disabled people and the families. 

• Federal Association of Self-Help for the Physically Disabled (BSK) – Promotes the rights of people in Germany who have physical disabilities. Provides support and assistance to disabled people.