Job Posting Audit Checklist: 25 Points AGG-Compliant

· Category: AGG · Reading time: 4 min · As of 2026-05-02
Practitioner note: This is not legal advice. For specific situations, consult a qualified attorney or compliance officer.

TL;DR

  • 25-point audit checklist covering gender, age, disability, religion/ethnicity, and pay transparency
  • "m/w/d" alone is insufficient: the body of the posting must also avoid "young, dynamic team", "native German", or "German passport"
  • Salary range mandatory from June 7, 2026 under EU Pay Transparency Directive 2023/970
  • Damages exposure: typically 1–3 gross monthly salaries per claimant under Section 15 AGG; amount depends on the individual case
  • Prevention takes ~15 minutes per job posting and blocks AGG-claim litigants

1. Section A: Gender (5 points)

  1. Is the title in m/w/d format?
  2. No gender-specific adjectives (e.g., "energetic manager")?
  3. Are images gender-balanced?
  4. Salutation: "Dear Madam or Sir" / neutral form?
  5. Pronoun choice (formal "Sie" vs. masculine "er")?

2. Section B: Age (5 points)

  1. No "young", "dynamic", or "experienced" as exclusionary terms?
  2. No age limit (except for legitimate acting roles)?
  3. "Career starter" only if experienced applicants are also welcome?
  4. Note "returners welcome"?
  5. Note "applicants over 50 welcome"?

3. Section C: Disability (5 points)

  1. Note "severely disabled applicants will be given preference" (Section 165 SGB IX)?
  2. Note "barrier-free application process"?
  3. Disability ID privacy preserved?
  4. Emergency contact for accommodation requests?
  5. Inclusive imagery?

4. Section D: Religion and Ethnicity (5 points)

  1. No "German passport required"?
  2. No "fluent German without accent"?
  3. "Excellent German skills" instead of "native German"?
  4. Tendency-employer clause only when genuinely applicable?
  5. Ethnically diverse imagery?

5. Section E: Pay Transparency (5 points)

  1. Salary range disclosed (EU Pay Transparency Directive 2023/970, mandatory from 06/2026)?
  2. Bonus structure transparent?
  3. Predecessor pay range available on request?
  4. Promotion path described?
  5. No "salary negotiable" boilerplate?

Summary

A 15-minute audit per posting is the cheapest defense against discrimination claims. Pair this checklist with a documented selection rationale and structured interviews — see our Section 22 AGG burden of proof reversal guide — to neutralize the typical applicant-claimant playbook.

View Anti-Discrimination Kit →

Frequently Asked Questions

Is 'm/f/d' in the job title sufficient for AGG compliance?

No, this is only one of many points. Without 'm/f/d', the posting is gender-discriminatory (BAG (Federal Labor Court) line since 1 October 2018 following the BVerfG decision on the third gender). HOWEVER: 'm/f/d' alone does not cure other errors — e.g. 'young, dynamic team' (age discrimination), 'German native speaker' (ethnic discrimination), 'with German passport' (prohibited requirement). Review the entire posting against the 25 audit points. Also: 'm/f/d' in the title is sufficient; in the body text, pronouns must be neutral ('you' instead of 'he').

What are the concrete consequences of a discriminatory job posting?

Three levels: 1) Damages per applicant typically 1–3 gross monthly salaries under Section 15 AGG (German General Equal Treatment Act); capped at 3 gross monthly salaries in case of non-hire (Section 15(2) sentence 2). 2) Litigation costs: EUR 4,000–15,000 in attorney fees per claim. 3) Reputational damage: public naming by anti-discrimination associations. Plus: indicative effect under Section 22 AGG for ALL incoming applications — systematic discrimination can multiply the number of claimants. Most common claim constellation: AGG 'hoppers' (professional claimants) apply to risk-prone postings. Prevention via AGG audit costs about 15 minutes per posting.

Must the salary range be stated in the job posting?

Until 7 June 2026: recommended, not mandatory. From 7 June 2026: MANDATORY under EU Pay Transparency Directive 2023/970 (German transposition BMAS draft 02/2026). Content requirement: salary range (min-max) OR entry-level salary with the addition '+development potential'. The range must not be 'cosmetic' (e.g. not EUR 30,000-150,000 when the actual range is EUR 60,000-65,000). Fine from 06/2026: up to EUR 50,000 per violation (BMAS draft). Best practice: state the salary range 'realistically +/- 15%'. Additional effect: better conversion rate (jobseekers respond more positively to transparent postings).

How do I protect myself from 'AGG hoppers'?

AGG hoppers are applicants who deliberately respond to presumably discriminatory postings in order to sue for damages. BAG (Federal Labor Court) line: such 'applications without intent to be employed' are not protected (abuse of rights). Prevention: 1) Review postings prior to publication using the AGG audit checklist. 2) Document selection criteria BEFORE applications are received. 3) Structured interviews with score sheet. 4) Written justification per selection decision. 5) ATS system with audit trail. For suspicious applicants: collect indications of missing intent to be employed (LinkedIn profile, previous claims, attorney mandates). Success rate of AGG-hopper defense: approximately 70% with good documentation.

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