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.
Legal position: Germany and Austria
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.