Woman with breast implants suitable for police service
As the Berlin Administrative Court ruled, breast implants are no reason to reject an applicant from the police. Health damage or early retirement are not more likely than in women who have no implants.
Breast implants no obstacle for police service As the Administrative Court Berlin has ruled in a recently published judgment (file number: VG 7 K 117.13), the employment of an applicant for the police enforcement service must not be rejected on the grounds that breast implants lack health suitability . The court said that typical police operations and wearing protective vests do not endanger women with implants more than those who do not. Because of the fundamental importance of the case, the jump revision was admitted to the Federal Administrative Court.
Applicant rejected for breast implants In the negotiated case, a woman applied for service in the Berlin police in 2012. At the time, she was rejected on the grounds that the breast implants were justifying her unsuitability for health. The police argued that the applicant could not be used for operations that required the wearing of protective clothing. This is because the associated pressure is associated with a greater risk of pathological multiplication of the connective tissue. The woman defended herself with a lawsuit.
Implants do not make them less efficient Against the background of an interim change in the case law of the Federal Administrative Court, the Administrative Court has now confirmed the plaintiff. Applicants who are currently on duty should only be denied health suitability if it is predominantly likely that early retirement or regular and long illnesses will result. These principles would also apply to the recruitment of police officers. According to the Berlin court, the applicant could not be ascertained that the implants made her less efficient, nor that she was significantly more at risk when performing her duties than other applicants without breast implants.
Early retirement unlikely A medical specialist interviewed had stated that typical police operations and wearing protective clothing would not endanger the applicant more than applicants without implants. Therefore, early retirement or long periods of illness are not predominantly likely. The North Rhine-Westphalian Ministry of the Interior decided last December that policewomen in Bielefeld no longer have to take off their bras during business health checks. The police doctor had examined the women there for breast implants during roadworthiness checks. (sb)