Overview
Companies must be very careful not to discriminate against applicants when filling positions. If, in the end, they do not decide in favor of a severely disabled applicant, but instead choose another applicant, they do not automatically fall under the general suspicion of discrimination.
According to Dr. Sandra Urban-Crell, employers can be reassured that the mere rejection of a severely disabled applicant does not trigger a severance payment obligation. Nevertheless, she advises employers to document the non-discriminatory reasons for rejection, such as lack of professional qualifications or lack of suitability for a particular advertised position. In the event of a lawsuit, the smallest form of discrimination can thus be refuted in the worst case.
