Discrimination in Job: When can sue workers?

Discrimination in Job: When can sue workers?


Can I apply for a job, which is awarded for “employees between 25 and 35 years” me at the age of 40? This or a similar question you have possibly already asked.

Surely you must apply everywhere, because like limiting formulations are not appreciated by the Federal Labour Court and, if construed as discriminatory. Those who fail about reasons of age when applying, has an action presumably success – even if no new employee was hired at the end.

An example: An IT specialist over 50 had applied at a company that was willing loud vacancy, set two IT professionals. This should be old “between 25 and 35 years”. Of these, the older applicants could not stop, but he did not receive any invitation for a personal interview . After the company with several candidates had contacted the IT site was not occupied last end.

The older applicants complained on the grounds that it had discriminated against him because of his age.His claim for compensation in the amount of 26,000 euros initially had no success, but was dismissed by the Landesarbeitsgericht Berlin-Brandenburg. This made the following points: The company in question would not be able infringe the prohibition of discrimination because not a younger candidate was preferred. Moreover, it was not proven that the applicant was in fact sufficiently qualified for the unoccupied place.

As the Federal Court Rules

The top Erfurt judges make judgments not only in labor issues, but also influence through their jurisdiction, the development of the German labor law.

So the Federal Labour Court considered the case of older IT professionals completely different and decided as follows: Even if it had not come to hire an applicant, a discrimination could be. Insofar a claim for compensation within the meaning of could AGG (General Equal Treatment Act) exist. The Court referred the matter back to the Landesarbeitsgericht, so this re-checked whether the applicant was in fact not set because of his age.

Not only this case shows how complications a worker should adjust who feels discriminated against and therefore acts as a plaintiff. This is especially true for legal disputes in which a rejected employee draws the short straw.

Deprivation as a “scam”: not a good idea!

A nearly 60-year-old, unemployed accountant moved exactly through to his application. He complained to a car dealership, the noisy job a “secure position in a young and motivated team” wanted to occupy. This wording would exclude an older candidate actually argued the accountants and demanded a compensation for impermissible age discrimination. At least 7,500 euros in exchange for three missed monthly salaries was the man appropriately.

The dealership countered and assessed the “young team” as an “advertiser self-expression” . Since the average age lay in the accounts at 47 years, would of course also older applicants questioned. The applicant, however, have shown little interest in the job and only a disorderly resume sent. That was the real reason for the negative response.

That court Nuremberg was convinced by these arguments and came to the conclusion for the accountant job is the age was not a setting criterion. Rather, the applicant had attributed the cancellation itself. Who is in a “completely meaningless” letter could stop there and this would provided with 38 plants, recommending not on a structured work as expected by financial accountants.

The companies have become cautious

To many candidates do not succeed though to prove discrimination. But in general, most companies formulate now very carefully in order to avoid discriminatory terms in job advertisements. So there is hardly deals with the motto “marketing director wanted” that give the impression that only male applicants were asked. One of the glaring violations of the AGG, as well as the Higher Regional Court of Karlsruhe was.

The subject matter was a case where a woman had “wanted Managing the earliest possible starting date for medium-sized logistics, transportation and moving companies” because of the offer advertised. It was rejected and then demanded 25,000 euros in compensation for this, that they were discriminated against because of their gender.

In the second instance, it reached the applicant, after all, that it’s a sum of 13,000 euros was awarded by the judges. That it did not constitute a disadvantage, the company would have to prove. This did, however, retains about his selection criteria silence.

However, there is no blanket claim that a company must disclose how to design their application process.This, the European Court in a dispute that lasted over five years. The opposing parties were a software company and a computer scientist with Russian origin. However, the court curtailed: If there were concrete evidence of discrimination, should an employer establish conclusively that he had decided correctly and not penalizing.