Inclusion officers in small businesses: when the duty to appoint applies

Twelve employees, a small HR department, and yet a statutory duty: even a small business may have to appoint an inclusion officer (Inklusionsbeauftragter). The decisive factor is whether it employs a person with a severe disability or equivalent status under German law, rather than the size of the company.

In day-to-day operations, the role often becomes relevant through practical questions: software is not fully accessible, a workstation needs adapting, or a manager needs help assessing a situation. These situations call for a designated contact on the employer’s side who brings requirements together and coordinates the next steps.

The threshold of 20 workplaces is not decisive

Under section 181 of Book IX of the German Social Code (SGB IX), the employer appoints an inclusion officer to represent it responsibly in matters concerning people with severe disabilities. The provision specifies no minimum number of employees. Under section 151 SGB IX, the special provisions in Part 3 generally also apply to people with disabilities who have equivalent status, unless a statutory exception applies. The duty can therefore arise even in a small company if it employs at least one person with a severe disability or equivalent status.

The frequently mentioned threshold of 20 workplaces relates to a different rule: under section 154 SGB IX, the statutory duty to employ people with severe disabilities generally applies where an employer has at least 20 workplaces on average per month over the year. This threshold does not determine whether an inclusion officer must be appointed. An employer that is too small to fall within the employment quota should therefore still check whether section 181 SGB IX applies to it.

What does an inclusion officer do?

The inclusion officer represents the employer’s side in matters concerning people with severe disabilities and monitors compliance with statutory obligations. The role thus connects legal requirements with the organisation of the business.

In practice, the officer can help to:

• structure the requirements for a workstation,
• discuss technical aids or adapted work processes with the relevant bodies,
• bring managers and the HR department together, and
• coordinate contact with the Federal Employment Agency and the Integration Office.

Which adaptations are necessary and legally required depends on the individual case. The inclusion officer therefore does not automatically decide on every measure, but ensures that the appropriate assessment and coordination take place.

Under section 182 SGB IX, the employer, inclusion officer, representative body for employees with severe disabilities, and works council or staff council should cooperate closely. Together with the elected representative of employees with severe disabilities, the inclusion officer acts as a liaison with the Federal Employment Agency and the Integration Office. Their advice can help identify suitable support and possible funding opportunities.

Inclusion officers and employee representatives have different roles

The two functions have different roles. The employer appoints the inclusion officer, who represents the employer’s side. The representative body for employees with severe disabilities (Schwerbehindertenvertretung) is elected by eligible employees with severe disabilities and represents their interests within the business.

Under section 177 SGB IX, such a representative body is generally provided for in establishments where at least five people with severe disabilities are employed on more than a temporary basis. An election of this kind is therefore generally not the decisive criterion for appointing an inclusion officer in a small establishment with only one affected employee. Both functions remain independent and should cooperate. Appointing an inclusion officer replaces neither employee representation nor the employer’s statutory obligations.

Appointment requires clear responsibilities

For management, the process starts with a clearly documented appointment. Under section 181 SGB IX, the inclusion officer should, where possible, be a person with a severe disability; this is not mandatory. A suitable candidate understands the company’s processes, can prepare decisions, and has sufficient time for the role.

Before making the appointment, employers should clarify in particular:

• What tasks and powers will the designated person have?
• How will HR, managers and, where applicable, employee representatives be involved?
• What training and time will be available for the role?
• Who will cover during absences?

The appointment must be reported without delay to the Employment Agency and the Integration Office responsible for the establishment or public-sector department (section 163(8) SGB IX). Several inclusion officers may be appointed where the circumstances of the business require it.

Appointment is more than a formality. In 2025, the German Federal Labour Court ruled that failure to appoint an inclusion officer may, under certain conditions, constitute evidence of discrimination on grounds of severe disability within the meaning of section 22 of the General Equal Treatment Act (AGG) (judgment of 26 June 2025 – 8 AZR 276/24). This requires the specific detrimental measure to concern matters particular to people with severe disabilities. According to the judgment, failure to appoint an officer does not, on its own, constitute a separate act of discrimination.

For small businesses, the practical question is therefore more than simply: “Do we employ at least 20 people?” The key questions are whether the statutory role has been filled, whether its responsibilities are known, and whether employees and managers can actually make use of it in everyday working life.