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BAG: Search for "young" applicants obliged employers to pay compensation for injuries and

Principle (Peter Weiss): A vacancy principle contrary to the age discrimination prohibition when a "young" applicants a "young" candidate is being sought.

born in 1958, plaintiff is a qualified lawyer. He applied in 2007 to an ad delivered by the defendant's advertisement in a legal journal. The defendant was looking for their legal department "Initially limited to one year (n) young (s) involved (n) A jurist / qualified lawyers. The applicant received a rejection, without having been invited for an interview. Set was a 33-year lawyer. The applicant has asked the defendant for an unlawful discrimination because of his age, compensation in the amount of EUR 25,000.00 and damages amounting an annual salary.
The Labour Court has sentenced the defendant to pay a compensation of one month's salary, and dismissed the action for the rest. That court rejected the arguments of the plaintiff and the cross-appeal by the defendant. The Senate has confirmed the ruling of the Labour Court. The vacancy of the defendants violated § 11 of the General Equal Treatment Act (AGG), which prohibits that a unit in violation of the prohibition of discrimination § 7 AGG is announced. Thereafter, agencies and others. "Age-neutral" can compete, if not justify meaning. § 10 AGG is present for different treatment on grounds of age. The improper vacancy is an index that proves that the applicant was not hired because of his age. Since the defendant could not demonstrate that no breach been submitted to the prohibition of discrimination has a right to compensation, the plaintiff to. The amount fixed by the Regional Labor Court in revision is not legally objectionable manner. Since the applicant has not demonstrated and proved that he had been recruited at a non-discriminatory selection of the defendant, he is the alleged claim for damages equal to one year's salary (not to the Federal Labour Court, decision of 19 August 2010 -. 8 AZR 530/09 )
Source: Federal Labour Court Press Release No. 64/10

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anonymous application: The first hurdle is

No name, no photo, sex, age and marital status unknown - can be set so anyone? Yes, my number of large companies and will try it soon. A comment.

There are, after Conversations to get to know someone who has sent a job application with excellent products. This could be an excellent impression of Mr. or Ms. Anonymous get. And even though he is a Turk (are not all thugs and educational failure?) Or it has two small children (who ever has time for the demanding job?). Anonymous job applications, the my more and more economists and human resource people, could result in getting more qualified, dedicated people who would otherwise have failed at the first hurdle because they are called by their first names Ali, could still be pregnant, or were born before 1960 .

first of two ministries and companies, including such large as L'Oreal and Procter & Gamble do this week to test anonymous application process. The - especially in the economy - deterrent name of the small federal agency that has brought them to the good ideas that could easily lead to the wrong path: Of course, the Anti-Discrimination Office of the Federal a civil law contract, aiming to contribute to it that the equality of all citizens is guaranteed - regardless of gender, origin or belief. But their concern is getting stronger also one of the companies: workforce with a good mix of ages, genders, social and ethnic Origin are more successful and more flexible than very uniform. "Too white, too male, too German" a few years ago was a new head of the German company Siemens world. This was not a design for a civil rights manifesto, but the critical assessment of a manager who wants economic success. And Telekom, which recently launched a women's quota for its leadership decided floors, is probably little in the Federal Cross of Merit for community involvement, but much of their competitiveness. Maybe it needs to do no laws, but more good examples to get economic equality.

Source: The Times from 04/08/2010