Application process and severe disability: what employers concretely need to observe

People with a severe disability - generally from a degree of disability of 50 - and persons with equivalent status enjoy special protection in working life that goes beyond the general prohibition of discrimination. In the application process this means a series of concrete duties for employers that are stricter or looser depending on sector. Knowing them avoids both legal risks and the accidental sorting-out of good applicants.

The fundamental attitude matters. These rules don't exist to harass employers but to protect a group from systematic disadvantage that, in practice and despite equal qualification, is invited less often. A good process implements the duties not out of fear but because they lead to a fairer and often better selection.

One of the best-known duties is the invitation to interview. In the public sector it applies especially strictly: if a severely disabled person applies and isn't obviously unsuitable in terms of qualification, they generally must be invited to interview. 'Not obviously unsuitable' is a low bar - it isn't enough that better applications exist; the person must visibly miss the basic requirements to not be invited.

In the private sector the duty to invite isn't anchored in law in the same form, but the general prohibition of disadvantage applies fully. Even without a formal duty to invite, it's wise to invite severely disabled applicants with matching qualifications - both legally safe and substantively right, because a disability says nothing about suitability for most roles.

An often-overlooked point is the accessibility of the application process itself. If your application form is operable only with a mouse, a screen reader can't read it, or a video without captions carries central information, you exclude people before they can even apply. That's not only unfair, it can also constitute indirect disadvantage.

The good news: accessibility in the application form is doable and benefits everyone. A form operable with the keyboard, with clear labels, that works without a mouse and uses no pure image or PDF content for required information is better for everyone - not just people with a disability. Additionally ensure there's a simple way to request a needed accommodation in the process.

In workplaces from a certain number of employed severely disabled people, a representative body for severely disabled employees (SBV) is elected. It has participation rights in the application process: it must be informed about applications from severely disabled people and involved in the relevant decisions. If an employer bypasses this involvement, it can be a weighty indication of disadvantage in a dispute.

In practice that means: if your organisation has an SBV, your process must involve it at the right time - not inform it only once a decision is already made. That presupposes that, in the procedure, you know when such an application exists and the involvement step is due. A clearly documented process makes this duty fulfillable without it getting lost in the daily grind.

As with general discrimination protection, documentation is your best protection here too. If a rejected severely disabled applicant presents indications of disadvantage, you must be able to demonstrate that the decision was made objectively and without reference to the disability. A traceable process with recorded criteria, documented invitation and - where needed - evidenced SBV involvement answers these questions before they're asked.

At the same time the warning matters: don't over-react out of fear. You may and should assess a severely disabled person by the same objective criteria as everyone else - the law requires a fair process, not a preferential hire against suitability. In KI BMS the built-in levers support you: structured scorecards with the same criteria for everyone, a complete audit log of every status change, and task reminders so you don't forget mandatory steps like the invitation or the SBV involvement. A human still decides by suitability - the process only ensures it's fair and traceable.