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Age-discrimination review of social-plan provisions in Germany

Jones Day
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Germany
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July 1 2011

The Federal Labor Court of Germany (“FLC”) decided on April 12, 2011 (1 AZR 76409), that generally, the severance claim resulting from a social plan may be calculated on the basis of factors which are determined or influenced by the age andor years of service of the individual affected employee, at least when the calculation favors older workers

Violation of a works council’s right of codetermination and the fruit of the poisonous tree

Jones Day
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Germany
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November 6 2008

In a December 13, 2007, decision, the Federal Labor Court opined on how to treat information that an employer had obtained illegally as part of a wrongful-termination action

A works council’s right of codetermination with respect to an Ethics Code of Conduct

Jones Day
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Germany
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November 6 2008

Corporate adoption of Ethics Codes of Conduct has become increasingly common over the years

“Spying” on employees in the workplacenot without the works council’s intervention

Jones Day
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Germany
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November 6 2008

The extent to which an employer may monitor employees using electronic technology has received a great deal of attention, whether such monitoring involves reviewing employees’ emails, monitoring employees’ telephone calls, or using recording devices to engage in employee surveillance

ECJ reaffirms indirect discrimination challenges in pay schemes

Jones Day
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European Union, Germany
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September 10 2008

Challenges to “indirect discrimination,” that is, to facially neutral practices that have a disproportionate adverse impact on women and other disadvantaged groupslong a staple of U.S. employment discrimination laware fast winning recognition in Europe