To help sharpening the view of what constitutes illegal discrimination, here is a fresh court ruling by the Germany Federal Court of Employment (BAG).

The defendant operates the local swimming hall. The plaintiff is employed with the defendant since 1985. Her mother tongue is Croatian. She started out as a cleaning aide and, roughly a decade later, was given the additional responsibility of working at the cash counter in the ticket office. In 2006 her superior demanded that she take part in a German language course at her own expenses and outside of the regular working hours. The aim was that she improved her language skills. The plaintiff explicitly asked the employer to stand up for the costs which the employer rejected. Thus, the plaintiff refused to participate in the language course which in turn resulted in her getting a written warning. Striking back the plaintiff filed suit against the employer demanding 15.000,00 € as compensation for alleged discrimination.

Did she succeed?

The answer depends on whether the demand to take part in a German language course at one’s own expenses and not within the regular working hours is an unwarranted discriminatory act. The BAG, in line with the preceding lower court decisions, says no. The employer is entitled to demand from his employee to take part in a language course program if the nature of the designated tasks calls for those language skills (German or other languages, for that matter). The demand to take part in the language course without cost coverage or during the employee’s spare time could, on a case by case assessment, violate the employment contract or run counter to a collective bargaining agreement. Such a violation, though, is not remedied by Antidiscrimination legislation.
(BAG, judgement, dated 22. 6. 2011 - 8 AZR 48/10)

See also

http://www.trust7.com/en/foren/faq_and_important_links/agg_-_discrimination_cases

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