No Allegation of Discrimination "In The Blue" - McDermott Will & Emery

No Allegation of Discrimination “In The Blue”


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.