Legal column "My judgment": What is important for job advertisements on Ebay?

Companies are obliged to formulate job advertisements so neutrally that they do not violate the General Equal Treatment Act (AGG).

Of course, this also applies if suitable applicants are sought via the well-known digital job exchanges.

Job prospects no longer send their applications in paper form, but by e-mail or directly via the online platform.

The LAG Schleswig-Holstein (judgment of June 21, 2022, Az. 2 Sa 21/22) recently had to deal with the question of whether the requirements of the AGG also apply to job advertisements via the "ebay classifieds" Internet portal.

There, a job was advertised with the words “Secretary wanted!” among other things.

A man applied for the ad via the chat function, but was rejected on the grounds that a lady was wanted as a secretary.

He then sued the company for compensation in the amount of three gross monthly salaries because he saw himself discriminated against because of his gender.

The LAG agreed with him and considered the applicant status required for claiming compensation under the AGG to be given.

Employers who published a job advertisement via ebay classifieds would have to reckon with receiving applications via the chat function and not in the classic way in writing with application documents attached.

A minimum level of information about the person of the applicant is not required by law.

The person only has to be identifiable.

As a result, employers are required to advertise jobs everywhere in accordance with the law so as not to be liable for compensation.

Saskia

is the managing director of the law firm Pfluger Rechtsanwälte in Frankfurt am Main.