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applicants only with comparable qualifications, a discrimination within the meaning of AGG and enforce

compensation or damages claims under the Equal Treatment Act for discrimination in the application process will only be considered if the application is similar to that of other applicants. This is determined in relation to that of your employer-developed requirements, if this general after the Traffic view seems plausible.

The facts:
The applicant is German of Turkish origin and a member of any Christian church. She has completed training as a travel agent and then gained experience in projects with people from immigrant backgrounds.

The defendant is part of the Protestant Church. He was looking for a temporary to eleven months Project site "training of multipliers / s in the vocational integration of adult migrants / en" a specialist

* with a degree in social science / social
* and experience in project work as well as competence in the project-specific issues,
* listened to a Christian church.

The applicant applied for the job and then received a call from an employee of the defendant, who pointed out that the entrance to the church was an essential prerequisite for the job. was set, a candidate of Indian descent who have a university degree have a "qualified social scientist" and their previous professional life was strongly focused on the issues of "socialization" and "migration", the applicant subsequently received a rejection.

With its application, the applicant requested compensation for direct and indirect discrimination based on religion Discrimination because of their ethnic origin. The Labour Court granted the application, the LAG, rejected it. It against that revision of the applicant was not a success.

The reasons: The applicant has
home against the defendant any compensation claim under § 15 AGG because of discrimination based on religion or ethnic. One immediate disadvantage because of a proscribed characteristic of AGG to be done in a similar situation. Is the person "employed" First applicant, this application must be comparable to that of the other applicants. This is assessed in the to / from the employer developed requirements, if this general after the Traffic view seems plausible.

is according to these principles before the dispute is no entitlement to compensation discrimination. It was not even necessary to determine whether the applicant has been directly discriminated against because of religion, or indirectly because of their ethnic origin. For in her application she was not in a "similar situation" to the candidate eventually selected by the defendant because the applicant other than these did not have a university degree.

be criticized for not that the defendant had made a relevant degree a prerequisite for employment. In a training project for multipliers in social work, it corresponds to the traffic view to require a college education. The defendant has in his recruitment decision not solved by this requirement.
(Federal Labour Court, decision of 8/19/2010, 8 AZR 466/09)