Equal treatment (AGG) in job ads
Under Section 11 AGG (German General Equal Treatment Act), job ads must be worded neutrally: they must not disadvantage applicants on any of the grounds listed in Section 1 AGG — such as sex, age or ethnic origin.
Section 1 AGG protects ethnic origin or race, sex, religion or belief, disability, age and sexual identity. Protection does not begin with the employment contract but already with the job advertisement.
If an applicant is disadvantaged, compensation can be claimed. In case of non-hiring it is limited to three monthly salaries if the person would not have been hired even with non-discriminatory selection (Section 15(2) sentence 2 AGG). Claims must be asserted in writing within two months (Section 15(4) AGG).
In practice, describing the function rather than the person and advertising positions with the suffix “(m/f/d)” has proven effective — while making sure the body text stays neutral too.
What to look out for
- Describe the function rather than the person — “Head of Sales (m/f/d)” instead of a gendered job title.
- Use the suffix “(m/f/d)” and keep the body text neutral as well.
- Avoid age references such as “young team” or “entry-level up to 30”.
- Only set requirements that are objectively necessary for the job.
- Word rejections neutrally and document selection reasons internally.
Common mistakes
- “(m/f/d)” appears only in the headline while the text consistently refers to a male employee.
- Phrases like “young, dynamic team”.
- Language requirements beyond what the job actually needs.
Frequently asked questions
Under Section 1 AGG: ethnic origin or race, sex, religion or belief, disability, age and sexual identity.
In case of non-hiring, at most three monthly salaries if the person would not have been hired even with non-discriminatory selection (Section 15(2) sentence 2 AGG).
In writing within two months (Section 15(4) AGG).
Legal basis: Section 1 AGG · Section 11 AGG · Section 15(2) and (4) AGG · As of
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