Thinkness Of Licenses

BAG: Only with timely applications, a AGG-infringement are asserted

Compensation under the AGG because of discrimination in the appointment procedure is considered only if the application at the time of the recruitment decision already existed. This also applies when a vacancy, although it has already done, is still on the website of the employer. A late application, an employer must take into account also can not, if he has the vacant post does not appear to duty at an early stage of the employment agency.

The facts:
The severely disabled applicant has a degree in engineering from the Department of Electrical Engineering. He discovered at 29.12.2007 on the websites of the defendant to a vacancy, was with a "creative development engineer for digital electronics (m / w) looking for. That same day he applied for the position. He received a rejection because the defendant the place by mid-December with another candidate and just filled the vacancy is not taken from their websites had.
In his application, the plaintiff demanded compensation for the AGG because the defendant had discriminated against him by not adhering to the rules regarding promotion of the SGB IX. Had the defendant taken at an early stage with the Agency for work, he would have from this an indication of the vacancy shall be obtained from the defendant. He would then face the alleged occupation of the site can advertise and had been well set.
The complaint was not successful in all instances.

The reasons: The plaintiff may
of the defendants did not ask for compensation under § 15 para 2 AGG.

The applicant is due to its application for an advertised as being open to the body while "employees" and thus potentially become beneficiaries as defined in § 15 para 2 AGG.
Since the site but already before receipt of his application had been occupied, he has experienced as "employee" no disadvantage. The defendant did not - I promise not to fill the position for a certain time - for instance by giving a deadline.
Whether the plaintiff is entitled to damages for the futile from the outset for this job was not to decide, because such a claim had not been redressed.
(Federal Labour Court, decision of 8/19/2010, 8 AZR 370/09)