The SGB IX obliges private and public employers with over 20 employees to take Positive Action in the form of a hiring quota.

According to § 71 SGB IX companies with more than 60 employees have to fill 5% of the workplaces with people with disabilities. Special consideration must be given to women with severe disabilities. The obligations are scaled for employers with fewer jobs on average: Employers with more than 20 and less than 40 employees must employ at least one severely disabled person per month on average per year. A company with more than 40 and less than 60 employees must employ at least two severely disabled persons per month on an annual average.

In the event of non-compliance with the obligation to employ, employers are obliged to pay a compensatory fee in accordance with § 77 (1) SGB IX. The amount is based on the obligation quota.

In addition, § 72 (2) SGB IX stipulates that employees with severe disabilities must receive an appropriate share of the training opportunities offered by their employers.

When advertising a job, employers are obliged to examine whether the job is suitable for a severely disabled person according to § 81 (1) SGB IX.

A special duty is imposed on public employers. They must report any new vacancies to the Federal Employment and Social Affairs Agency in accordance with § 82 SGB IX. In addition, they must invite every severely disabled candidate for an interview, provided that he/she has sufficient qualifications.