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Racism in labour law

Labor law

Racism in labour law

An employee insulted a dark-skinned member of the works council with the exclamation "Uga Uga". In Germany, this is a popular exclamation for racists, which is supposed to reflect ape-like sounds. The employee was dismissed, his action for protection against dismissal was not only unsuccessful in the labour court, but his constitutional complaint (decision of 2.11.2020, 1 BvR 2727/19) was also rejected. This was followed by the publication of an article by an already elderly lawyer from Stuttgart in the most renowned trade journal on labour law in the largest legal publishing house (NZA by C.H. Beck), which, among other things, dealt with the peculiarity of animal sounds and came to the conclusion that the insult was not so bad after all. After all other media immediately read the riot act to the Beck publishing house, the latter not only published a detailed apology, but also a reprint of the magazine without the peculiar essay, which is thus erased from the legal world.

Nobody is perfect, but surely we, as amateurs in publishing, should be allowed to say that. That such an article can "slip through" at the most renowned professional journal is hardly comprehensible.