In February 2011, a young man in Berlin filed a lawsuit with the Labour Court because he was dismissed during the probationary period due to his HIV infection. He had been employed by a pharmaceutical company that produces medicines for cancer patients. His job was to check the quality of those products. He was not involved in the production or distribution of medicines. This appears to have guaranteed that there was no danger posed to the recipients of the medication. The company, however, saw it differently. When it became known through a health check-up that Sebastian F. (the name has been changed) had asymptomatic HIV, his job was terminated without notice and with immediate effect, and he was also banned from the premises.
The young man obtained legal advice from the organisation AIDS-Hilfe (AIDS Help) and he is now being supported by the Bureau for the Implementation of Equal Treatment. He has initiated an AGG lawsuit, since, from his point of view, his case concerns a form of discrimination.
First of all, Sebastian F. tried to agree to a settlement. The company felt that their decision was protected by law, as the dismissal took place during the probationary period. They therefore only offered one month’s salary as compensation. An out-of-court settlement was not reached. The case was then negotiated with the Labour Court of Berlin on 21 July 2011.
More information concerning the first instance can be found here.
After the lawsuit had been decided in favour of the defendants in the first instance, the plaintiff appealed. Here you can learn more about the second instance at the regional labour court of Berlin.
In 2013, the revision of the case took place. The court ruled in favour of the plaintiff (see: 3rd instance).
The German AIDS Hilfe (AIDS help) provides information on 'HIV and employment' on their website.