The presentation of one's own company or association or organisation also includes the design of job advertisements and the application process in general. According to section 11 of the General Equal Treatment Act (Allgemeines Gleichbehandlungsgesetz, AGG), employers must advertise jobs both within and outside the company in such a way that applicants are not discriminated against because of their gender, racial or ethnic origin, disability, religion or belief, sexual identity or age. Exceptions are only possible if the characteristics mentioned constitute an essential or crucial occupational requirement for the corresponding position, or if they serve to compensate for existing unequal treatment. At this juncture, for example, mention should be made of the targeted promotion of women or the preferential hiring of severely disabled people. If employers violate the AGG, affected applicants can sue them. Accordingly, job advertisements should be formulated precisely and carefully. It is also advisable to document the entire application process comprehensively.
For job advertisements, this means that the following points should be considered:
- Gender-neutral wording: In December 2018, the third gender was enshrined in law with the category "diverse". This is an option for all people who do not (want to) be classified as either "man" or "woman". This has an impact on the design of job ads: These are considered AGG-compliant if they include the third gender in addition to the male and female gender. This can be expressed by the abbreviations "m/f/d" (d for diverse) or "m/f/i" (i for intersexual).
- Ethnic origin: It is not permissible to specifically look for "German-born" or "Turkish" applicants in job advertisements. It is equally difficult to specify "German as the native language" as a criterion, as this differentiates based on origin. In addition, non-German speaking applicants may have better German language skills than some native speakers. Precisely formulated language skills required for a job ("fluent in written and spoken English"), on the other hand, are permissible.
- No age limits: The AGG protects both older and younger people from unequal treatment. Accordingly, age limits in job advertisements are generally not AGG-compliant. However, specific relevant professional experience may be specified if it is necessary for the position.
- Requests for photos should not be made.
Anonymised application procedures
In view of these recommendations, some companies and institutions rely on anonymised application procedures. This does not only mean that applicants should not send a photo with their application. Likewise, further personal information such as age, gender, disability, origin or marital status is not provided in the first phase of the application process with the aim of avoiding any prejudiced assumptions. The focus of an anonymous application procedure should be exclusively on the qualifications of the applicants.
This is based on numerous scientific studies that have shown that people with a migration history, women with children, people with disabilities, as well as older people often have worse chances of being invited to a job interview. In many states, anonymised application procedures are therefore already standard, a pilot project of the Federal Anti-Discrimination Agency revealed several recommendations on this.
However, it should not be overlooked that anonymous application procedures or their actual effectiveness are are indeeed subjects of discussion. The state of North Rhine-Westphalia, for example, has abolished them again for the civil service.
Further links and suggested reading
- Federal Anti-Discrimination Agency: Discrimination in job advertisements. Study on the evaluation of job advertisements with regard to discrimination, exclusion mechanisms and affirmative action
- Federal Anti-Discrimination Agency: For equal opportunities in education and working life. Examples of good practice
- Federal Anti-Discrimination Office: Guide for employers, anonymised application procedures
- Federal Anti-Discrimination Agency: Pilot project, anonymised application procedures
- Heitmann, Hendrik: Das dritte Geschlecht – was Arbeitgeber wissen müssen
- Scheibig, Beate/Börner, Falko (IHK Wiesbaden): AGG in job advertisements and application procedures