During the filling of vacancies, the Representative of the Disabled oversees the compliance with relevant provisions of the Social Security Code (Sozialgesetzbuch - SGB IX) and of the General Equal Treatment Act (Allgemeines Gleichbehandlungsgesetz - AGG).

Vacancy announcements
In principle, all vacancies are to be published (Section 33 paragraph 2 Basic Law (Grundgesetz - GG)).
They need to be drafted in a non-discriminatory way (Paragraph 11 General Equal Treatment Act).
A different treatment of disabled and non-disabled people is only allowed if the disabled person lacks essential requirements for the task to be performed, and this disadvantage cannot or could only be compensated with disproportionate expenses (Article 81 paragraph 4 SGB IX).

Application process
The Representative of the Disabled has the right to participate in job interviews (Article 95 paragraph 2 clause 3 SGB IX).
Public employers are obliged to invite disabled applicants to an interview (Article 82 clause 2 SGB IX).
An invitation is only dispensable if the applicant clearly does not have the necessary professional competence (Article 82 clause 3 SGB IX). According to established case law, the disabled candidate needs to be given the opportunity to convince the employer in an interview of his / her suitability, even if his / her professional aptitude is doubtful.

Job interviews / Right to Question
Regarding the Right to Questions, unequal treatment of disabled applicants is, as a general rule, not permissible.
Exceptionally, specific questions are admissible if the activity to be pursued precludes a certain disability (essential requirement for the activity).

Selection decision
In the case of equal professional qualifications, the disabled candidate must be given preferential consideration for the post.
If the Representative of the Disabled does not agree with the intended selection decision, the matter shall be reviewed together with the department.