Hiring Severely Disabled Employees: Section 165 SGB IX + AGG

1. Section 165 SGB IX Invitation Duty

For every severely disabled applicant, an interview invitation is mandatory UNLESS the candidate is obviously unsuitable. The Federal Labor Court (BAG) reads "obviously" narrowly.

2. Section 1 AGG and Section 22 Burden-of-Proof Reversal

Severe disability is a protected characteristic. Failure to invite is a strong indication that triggers the burden-of-proof reversal under Section 22 AGG.

3. Compensatory Levy for Non-Hiring

From 20 employees, a 5% employment quota for severely disabled employees applies. The compensatory levy ranges from €140 to €720 per month per unfilled position, depending on quota fulfillment.

4. Workplace Adjustments

Employers owe "reasonable accommodation". The Integration Office (Integrationsamt) subsidizes up to 80% of associated costs, including accessible workstations, screen readers, and adaptive equipment.

5. BAG 8 AZR 348/14

A severely disabled candidate was bypassed during the recruitment process. Damages awarded: €3,500 plus litigation costs.

6. AGG Pitfall: Volunteers

Volunteer workers do NOT count toward the 5% quota but are still protected under the AGG. Treat their applications and assignments with the same rigor as paid roles.

Summary

The severely disabled invitation duty is one of the lowest-effort, highest-impact AGG controls. A simple workflow flag in the applicant tracking system, combined with a documented unsuitability rationale where applicable, prevents the most common Section 22 AGG indication and avoids both compensatory levies and damages claims.

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