Job Posting (AGG-Compliant)
Section 11 AGG — neutral wording is mandatory
Practitioner's note: This article is practice-oriented compliance documentation, not legal advice. We are a compliance specialist, not a law firm. For legally binding information please consult a licensed lawyer.
TL;DR
An AGG-compliant job posting avoids any indication suggesting a link to Section 1 (age, gender, religion, etc.). Required: 'm/w/d' to ensure gender neutrality, and no age-related terminology.
What is an AGG-Compliant Job Posting?
Prohibited wording:
- 'Young team' — age
- 'Career starter' — age
- 'Holder of a German passport' — ethnic origin
- 'Christian-oriented' — religion (except for ideologically aligned employers)
- 'Male/female' — gender (mandatory: m/w/d)
- 'Native-level German' — ethnic origin (instead, use 'very good command of German')
Practical example
Posting 'Seeking saleswoman (young, dynamic, female)' — 3 indicators of discrimination. Damages of up to 3 gross monthly salaries per candidate.
Frequently asked questions
What is a 'Tendenzbetrieb' (ideologically aligned employer)?
Religious, ideological, or political organisations — Section 9 AGG affords broader scope.
Is 'm/w/d' mandatory?
Yes, since the Federal Constitutional Court's 2017 ruling on a third gender and the interpretation of the AGG.