Oberlandesgericht Karlsruhe strengthens rights of victims of discrimination and calls for gender-neutral formulations for vacancy Oberlandesgericht Karlsruhe strengthens rights of victims of discrimination and calls for gender-neutral formulations for vacancy the word choice is unique. Wanted is a Managing Director. So there was a vacancy of a medium-sized company commissioned. So who should conclude that in addition to men and women to this position could apply. A personnel manager of an insurance company approved as a lawyer applied yet, received a rejection, and then brought an action before the higher regional court of Karlsruhe on compensation.

In its judgment of the 13.09.2011, ref. 17 U 99/10, gave the Court of the applicant’s right, that commissioned, discriminatory job advertisements, a claim for damages is also after the AGG and set a compensation in the amount of 13.257,36. But the verdict is not just a personal success for the applicant, it is also leading the way in improving protection of the applicants before gender-related holdings to. Also important in practice to reason, discrimination by jobs due to lack of gender neutrality and the concomitant discrimination after the AGG problem here now discussed judgment. Raised disputes often through the use of function names”, that were grammatically clearly male, however gender-neutral were understood in the current understanding of the language.

“The Court of appeal had thus the possible deviations between the in 11, 7, 1, 2 para 2 sentence 1 AGG laid down requirements for job vacancies and general language understanding” to determine. “To the facts of the case: A personnel manager of an insurance company approved as a lawyer only a Managing Director applied to an advertisement and as Managing Director of a medium-sized company, although in the advertisement” was searched. The advertisement of the defendant Company was designed by a specially appointed law firm and twice turned in the local press.