Exclusion of severely disabled candidate from interview based on exam grades: scope of prohibition of discrimination under SGB IX and AGG

The Federal Administrative Court (BVerwG) granted permission for appeal in a social law dispute, allowing the revision to proceed to the merits without deciding on the final substantive outcome. The case concerns a candidate, legally treated as a severely disabled person, who challenged a public employer's decision not to invite her to a job interview, allegedly due to her poor examination grades, thereby asserting a violation of her rights under the General Equal Treatment Act (AGG) and the Social Code Part IX (SGB IX). The court held that the appeal meets the threshold of "fundamental legal significance" under § 132 Abs. 2 Nr. 1 VwGO, as it raises the unresolved legal question of how § 82 Satz 2 und 3 SGB IX and § 22 AGG are to be interpreted when a candidate with severe disability status is excluded from the selection process based on academic performance.