Applies toDEAT

Job Posting (AGG-Compliant)

§ 11 AGG — neutral wording is mandatory

TL;DR

An AGG-compliant job posting avoids any indication suggesting a link to § 1 (age, gender, religion, etc.). Required: 'm/w/d' to ensure gender neutrality, no age-related terms.

What is a job posting (AGG-compliant)?

Prohibited wordings:

  • 'Young team' — age
  • 'Career starter' — age
  • 'With a German passport' — ethnic origin
  • 'Christian-oriented' — religion (except for an ideological organisation, Tendenzbetrieb)
  • 'Male/female' — gender (required: m/w/d)
  • 'With perfect German' — ethnic origin (use 'very good German language skills' instead)

Practical example

An advertisement reading 'Seeking a saleswoman (young, dynamic, female)' — three indications of discrimination. The limit of three gross monthly salaries that is often quoted in abbreviated form is the cap on compensation for non-material damage under § 15(2) sentence 2 AGG — and it applies only where the rejected person would not have been hired even in a selection process free of disadvantage. Material damages under § 15(1) AGG (compensation for financial loss), by contrast, are not capped.

The principle of non-discriminatory job postings applies in both countries, but is governed by different statutes — with different authorities and sanctions.

Germany (AGG)

  • Posting requirement: A job may not be advertised in breach of § 7(1) (§ 11 AGG). This covers all characteristics listed in § 1 AGG (race/ethnic origin, gender, religion/belief, disability, age, sexual identity).
  • Burden of proof: Anyone who proves indications giving rise to a presumption of disadvantage shifts the burden of proof onto the employer (§ 22 AGG).
  • Competent body: Federal Anti-Discrimination Agency (Antidiskriminierungsstelle des Bundes); enforcement before the labour courts.

Austria (GlBG)

  • Posting requirement: Employers and employment agents may not advertise a job for men only or for women only unless a particular gender is an indispensable requirement of the activity; the posting must also not contain any gender-related remarks (§ 9 GlBG). For the remaining characteristics (ethnic affiliation, religion/belief, age, sexual orientation), § 17 GlBG applies.
  • Administrative penalty: Breaches of the gender-neutral posting requirement carry a fine of up to EUR 360, imposed by the district administrative authority (Bezirksverwaltungsbehörde) (§ 10 GlBG).
  • Burden of proof: The person concerned must establish the discrimination on a prima facie basis; the other party then bears the burden of proving that another motive was more likely or that a justification exists (§ 12(12) GlBG).
  • Competent body: Ombud for Equal Treatment (GAW) and Equal Treatment Commission — not the Federal Anti-Discrimination Agency.

Frequently asked questions

What is a 'Tendenzbetrieb'?
Religious, ideological and political organisations — § 9 AGG allows more.
Is 'm/w/d' mandatory?
Since the 'third gender' decision of the Federal Constitutional Court (BVerfG) in 2017 and the interpretation of the AGG.

See also

Practitioner note: This article is practice-oriented compliance documentation, not legal advice. We are compliance specialists, not a law firm. For legally binding advice, consult a qualified lawyer.