GRP Rainer LLP

Rights to Information of Applicants in the Recruitment Process

A rejected job applicant should not have a right to information vis-à-vis the employer regarding whether the employer has hired another applicant or on the basis of which criteria people were hired.


Cologne, NRW -- (SBWIRE) -- 06/24/2013 -- GRP Rainer Lawyers Tax Advisors, Cologne, Berlin, Bonn, Bremen, Düsseldorf, Essen, Frankfurt, Hamburg, Hanover, Munich, Nuremberg, Stuttgart and London explain: In the view of the Federal Labour Court (BAG), a job applicant should not have a right to information regarding whether the employer has employed another applicant and according to which criteria people were hired. This view was also shared by the Court of Justice of the European Union (CJEU). A right to information for the rejected applicant also does not arise from Community law. However, the CJEU suggested in its judgment of 19 April 2012 (Az. C-415/10) that the employer’s refusal of access to information must be taken into consideration where there is evidence of facts which may constitute discrimination.

On the basis of this jurisprudence, the BAG stuck to its earlier view in its judgment of 25 April 2013 (Az. 8 AZR 287/08) and denied a rejected job applicant’s right to information. The plaintiff did not set forth any evidence indicating discrimination. The plaintiff’s action for damages was therefore unsuccessful.

The BAG had to come to a decision in a case in which the plaintiff asserted a claim for damages against the defendant. The defendant had not granted the plaintiff information as to whether another applicant was employed and according to which criteria. The plaintiff claimed to have been discriminated against according to the General Equal Treatment Act (Allgemeinen Gleichbehandlungsgesetz (AGG)).

The question as to whether the refusal of information with respect to the recruitment process is to be taken into account where there is evidence of facts which may constitute discrimination can potentially be challenging.

For this reason, employers must pay particular attention to the AGG when advertising for a position, hiring and promoting. Mistakes risk expensive litigation. A lawyer active in the field of labour law can support employers in all questions relating to the advertising of a vacancy, applying, hiring, posting, promoting and equal treatment in order to avoid problems from the beginning.

About GRP Rainer LLP
GRP Rainer LLP is an international firm of lawyers and tax advisors who are specialists in commercial law. The firm counsels commercial and industrial companies and corporations, as well as associations, small- and mid-sized businesses, self-employed freelancers and private individuals worldwide from offices Cologne, Berlin, Bonn, Dusseldorf, Essen, Frankfurt, Hamburg, Hannover, Munich, Stuttgart, Bremen, Nuremberg and London UK.

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