Tag Archive: application

EU anti-discrimination law does not apply to artificial applications

The European Court of Justice (ECJ) ruled on 28 July 2016 (docket number: C-423/15) that a person cannot claim discrimination protection if the person is artificially applying for a post with the essential aim of not actually taking up that post but only in order to bring claims for compensation. The plaintiff (Mr Kratzer) has …

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The requirement of very good English and German language proficiency for employment in an international company is self-justifying and does not constitute discrimination

The Regional Labour Court (Landesarbeitsgericht, LAG) of Baden-Württemberg decided on 15 January 2016 (docket no. 19 Sa 27/15) that the requirement of very good English and German language proficiency for employment in a company operating internationally is self-justifying and does not constitute discrimination. The description of the company’s team as being “young and highly motivated” …

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Comments on applicant CVs might cost you

In a recent case (docket number: 8 AZR 753-13) the federal labour court (Bundesarbeitsgericht, BAG) once again had to decide on a discrimination case concerning the employment application process. The fully-qualified plaintiff applied for a job as a full-time accountant with the defendant. In her CV she declared her civil status to be “married, one …

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Fake application failed to uncover age discrimination

The mere fact that there is an age difference between two job applicants who were treated differently does not necessarily indicate age discrimination.  For there to be an indication of discrimination, the two applicants must have comparable qualifications.   A job applicant, who clearly only applied for a position with the intention of claiming damages for …

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