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By Florian Vollmers (More) • Last updated on October 06.02.2024, XNUMX • First published on 14.06.2021/XNUMX/XNUMX • So far 5312 readers, 1442 social media shares Likes & Reviews (5 / 5) • Read & write comments
The General Equal Treatment Act (AGG) is actually intended to ensure more transparency and less discrimination in the application process. However, the opposite is often the case. An overview.
An unusual dispute before the district court in Stuttgart caused a stir in German HR departments in 2010: an applicant was not for job interview invited and had then sued a window construction company for discrimination.
The reason: The Ms. from East Germany had received her application folder back in the mail with the refusal of her employer. The word "OSSI" was written in bold letters on the documents - next to it was a thick minus sign.
The district court of Stuttgart ruled: The HR of the window manufacturer had already burned his mouth half when he documented the origin of the applicant with a minus on her documents. Incidentally, the decisive error was not the corresponding note, but the fact that he had also sent it back to the applicant – apparently inadvertently!
In the action for damages due to discrimination, the parties ultimately reached a settlement in court. The question remained unanswered - by the way, to this day - whether the fact of originating from eastern Germany is comparable to an independent ethnic group - and thus the AGG can be applied to “Ossis”. It doesn't get any more bizarre.
When claiming damages, the rejected applicant's lawyer referred to the General Equal Treatment Act (AGG) - a law that regulates the work of personnel managers and their dealings with Candidates in job interviews has changed significantly in recent years.
In 2006 the AGG entered into force. Prior to this, discussions had been taking place for many years, because its effectiveness in practice was, to put it cautiously, controversial. Specifically, the AGG considers the AGG to be naked. They even think that it hurts applicants. Why?
Let us first take a look at the exact wording of the General Equal Treatment Act: "Objective is to prevent or eliminate discrimination based on racial or ethnic origin, gender, religion or belief, disability, age or sexual identity. "
In practice, one of the consequences of this is that job advertisements do not say whether you want a woman or a man for the job to be filled. There is no information on Age or what you have to be able to do physically to do a job.
In order not to burn their mouths, employers therefore say: “Everyone has the same opportunities here!”. We know this is an AGG white lie. Because in the end they pick exactly those Candidate out which ones they want.
While researching a book, an HR manager told me Conversationthat its upfront of course clear be: “Only a woman can do this job!” or "A man will do this company department good!" But she would never publicly admit these thoughts. The decision but then it often falls by gender or the age of an applicant.
And what's more: In order to avoid accusations of discrimination and claims for damages Companys therefore today more cautious in dealing with applicants than in earlier times. Rejected applicants can no longer easily find out why they cannot get a job. Critical information, for example on disabilities, does not have to be provided by applicants in advance.
Where earlier in the interview a remark about the outfit of a candidate was usual, one focuses more strongly on which work the respective candidate can reliably afford in favor of the employer.
So how can applicants know what they should and should look out for when applying? And why is it when they keep rejecting the Application receive. 10 tips to watch out for.
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Florian Vollmers is a freelance journalist for FAZ and Handelsblatt, among others. He studied theater, film and media studies, sociology and Scandinavian studies in Frankfurt am Main, Paris and Aarhus (Denmark). Since 2001 he has been writing as a freelance journalist on economic and cultural topics for various print and online media - among other things, his work has been published in the FAZ, in the Handelsblatt, in Szene Hamburg, Weser-Kurier and in the food newspaper. Vollmers works as a book author for Campus Verlag, most recently the guidebook “Cape Town instead of Karstadt”. Florian Vollmers has done press and public relations work for numerous film festivals, including the International Film Festival Emden-Norderney, the Nordic Film Days Lübeck and the Independent Film Festival Osnabrück. He works as an editor and author for customer and member magazines such as DJV-Nordspitze, FMB-Rundbrief or the state circular of the Association of Statutory Health Insurance Physicians in Bremen. Vollmers teaches cultural management at the Bremen University of Applied Sciences and has participated in various festival juries, including the Stockholm Film Festival and go East - Festival of Central and Eastern European Film. He is a board member of the Lower Saxony Film and Media Office and a member of the German Association of Journalists and the Association of German Film Critics. Florian Vollmers has been a member of the jury for the German Film and Media Assessment FBW since 2012. All texts by Florian Vollmers.
I have already had so many terrible application situations behind me, so thanks for this really very nice and detailed article. And once again perfect in time.
[…] and Berufebilder.de offer further information on [...]
Equal Treatment Act # Acquisition: Advantage or disadvantage? Part 1: #Prof
Equal Treatment Act # Acquisition: Advantage or disadvantage? Part 1: #Prof
Hello dear bloggers,
both the one and the other way are not effective for me. Discrimination is a matter of course in personnel selection. I would like to get to know a leader who has rejected the most likable person because another person was better qualified.
I would leave the candidate the choice to get honest feedback, preferably with a signed promise to waive any complaints. It is really depressing to get formalized letters all the time, despite a very good university degree and sufficient professional experience, and can not develop mainly because you never know which qualifications are missing.
Meanwhile, I would sign everything to finally get feedback. You get bored with the time and the ego does not understand it because you were rejected at jobs where you were very likely to be the best candidate (the other jobs, where you would be a career changer, do not hurt so much Cancellation). It is even better to be invited to participate in the discussion, because you have such good qualifications and have to be formally invited, only to fail shortly before the end of the counter-candidate, who has already known since the beginning.
But always high the turnip, Germany needs absolutely qualified forces, at least you can hear it on the television.
Julius
Hi Julius,
thank you, you get to the heart of the problem: both with and without AGG is difficult. And rightly, nobody has anything from the lack of honesty. As for the qualified personnel, I don't want to take your courage away, but ...
As a solution, I recommend only: Develop your own idea and get started. Only courage!
Dear Oligo,
the crucial question is whether equality can be enforced by law or whether that is not a counterproductive approach. Simone Janson is absolutely right when she says: only education on a social level can help. What matters to me in my contribution: Legal constraints do not help us as long as the decision-makers are not ready to put the much-invoked “diversity” into practice. What is at least one result of our research in the HR departments: Initiatives like the AGG tend to obscure candidates' understanding of the process of a hiring even more than before the AGG was introduced. Well-meaning recommendations such as “Your professional experience does not match our position” or “You are still too young for the advertised position” or, in extreme cases, “Put something else on next time” are hushed up - and that doesn't help anyone continue. In other words: it is about clear statements, honesty, open interaction with one another, which is prevented by the AGG. The fact that employers can be discriminatory is another matter. What I want to show with this article: As an applicant, you have to understand the background of a hiring process as much as possible in order to avoid harm to yourself ...
“When researching our book, a HR manager told me in an interview that it was clear to her in advance:“ Only a woman can do this job! ”Or“ A man will do this department good! ”But she would publicly admit these considerations never."
Anyone who makes arbitrary and non-success- ful criteria for appointing a position is to blame. Stupidity can not be forbidden.
As an applicant, you have the right to be treated fairly and objectively when you apply. This is of course still not the case - it was before the AGG, but it wasn't either. In the meantime, however, you have the opportunity to file a lawsuit, whereby the company must then prove an objective selection.
The AGG has also led to the fact that some companies and also administrations have changed their recruitment process.
““ The AGG harms applicants. Because we can't give them honest feedback. ""
Oh, something honest like: "I'm sorry, you are a Muslim / a woman / too fat / too ugly ..." you can also resist. Have those HR managers ever thought that their unprofessional, stupid rating doesn't really interest anyone?
Hello Oligo,
Thanks for the comment. That is the question of whether the situation is better with or without AGG. With AGG, you are right, at least one can still complain. In return, as in the case described, in the best case scenario there is some money (see part 2 of the article - there was a comparison) and the satisfaction of being able to defend it.
You do not get the job, maybe it's not recommended: Do you want to have a job that you have to sue?
Which brings me to the heart of the matter: The real problem, the discrimination in the mind can not be prevented by law, but only socially. Because so is also discriminated against AGG further: Last year with a personnel consultant, who confessed to me that he had no problems with it, to sort out foreigners, if so desired. That blew me away too.
So what is better: AGG, can complain, but hypocrisy? Or no AGG but at least an honest feedback?
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