application

Commencement of the „two months period“ for asserting claims for damages due to a violation of the General Act on Equal Treatment

On 29 June 2017 the Federal Labour Court ruled that a “rejection of an application” by a company requires an explicit or implied statement from the company that can be interpreted by the applicant in the way that his application was not successful. Only if such statement is received the two months period for asserting claims for damages due to a violation of the General Act on Equal Treatment commences (docket number 8 AZR 402/15). …

Commencement of the „two months period“ for asserting claims for damages due to a violation of the General Act on Equal Treatment Read More »

Discriminatory job advertisement – No claim for damages if applicant was not “seriously” applying for the job

If an applicant applies for a job solely to bring a claim then he will have no claim for damages, even if the job advertisement violates the General Act on Equal Treatment (judgement of the Munich labour court dated 24 November 2016, docket number 173 C 8860/16). A company advertised a voluntary job at a marketing agency in a local newspaper. The role required the employee to have frequent conversations with customers over the phone. …

Discriminatory job advertisement – No claim for damages if applicant was not “seriously” applying for the job Read More »