Gender-Sensitive Language Was Not the Decisive Factor in Employee’s Invalid Termination, Hamburg LAG Rules
The Regional Labor Court of Hamburg (Landesarbeitsgericht (LAG)) (Ref. Nos. 1 SLa 18/25 and 1 SLa 19/25) has declared invalid two written warnings and an extraordinary termination issued against a radiation protection officer. The employee had refused to comply with her manager’s direction to revise a radiation protection instruction she had drafted, incorporating gender-sensitive language throughout and including a specific clarification at one point in the document. Contrary to what one might initially assume, the invalidity did not turn on the gender-sensitive language requirement itself, but rather on a more fundamental question: whether the employee was under any obligation to make such amendments in the first place—entirely independent of the gender-inclusivity issue.