Employment Law and Litigation

Allgemeines Gleichbehandlungsgesetz

ECJ: No Discrimination Claims for Mock Applicants in Europe

André ZimmermannPosted on September 2, 2016

Just in time for the 10^th anniversary of the German General Equal Treatment Act (Allgemeines Gleichbehandlungsgesetz – AGG) the European Court of Justice (ECJ) has clarified that European anti-discrimination law does not protect mock applicants, i.e. applicants who are not interested in being hired, but solely apply in order to bring claims on the grounds of discrimination. The judgment will make it easier for companies in Europe to reject such discrimination claims in the future.

The German Federal Labor Court (Bundesarbeitsgericht – BAG) rejects doubtful discrimination complaints

Editorial BoardPosted on July 25, 2014

Even if a potential Employer does not know that an applicant is unsuitable for the offered job from an objective point of view, compensation claims based on discrimination would not be granted.

The first comprehensive anti-discrimination law, regulated in the General Equal Treatment Act (Allgemeines Gleichbehandlungsgesetz – “AGG”), was introduced in Germany in 2006. In the early years of this Act, many so called “AGG-Hoppers” have abused this situation by applying for discriminatory job offers to assert a compensation claim against inexperienced employers as a second step.