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German Labor Court Rejects Nonbinary Applicant’s AGG Claim as Abuse of Rights
On May 28, 2026, the Labor Court (Arbeitsgericht (ArbG)) of Berlin dismissed a claim for compensation brought by a nonbinary person under the General Equal Treatment Act (Allgemeines Gleichbehandlungsgesetz (AGG)) (Ref. No. 42 Ca 3438/26). The decisive factor was not whether discrimination had occurred—what mattered was solely that the person did not make a genuine application for a position, and therefore the claim for compensation after the application was rejected constituted an abuse of rights.
