Discrimination in the application process - your rights under the AGG

Have you been rejected for a job and suspect that your age, gender, ethnic background or disability was the real reason? The General Equal Treatment Act (AGG) protects job applicants from discrimination — and, under certain conditions, entitles you to compensation. In this guide, you will find out what rights you have and how to enforce them.

What does the AGG protect?

The AGG prohibits discrimination in the workplace on the basis of the following characteristics:

The protection afforded by the AGG does not begin only once the employment relationship has started — it already applies during the application process, i.e. from the moment the job advertisement is published.

How can you recognise discrimination?

Discrimination in the application process is often not obvious. Typical indicators include:

In the job advertisement: wording that targets a specific age or gender, such as “Looking for career starters” (age discrimination) or “Looking for a female assistant” (gender discrimination).

In the interview: Inappropriate questions about family planning, religious affiliation, age, pregnancy or disability.

In the rejection process: Public sector employers who do not invite a severely disabled applicant to an interview, even though they are obliged to do so under Section 165 of SGB IX.

In the rejection letter: Reasons that directly or indirectly refer to a protected characteristic.

Entitlement to compensation under Section 15 of the General Equal Treatment Act (AGG)

If discrimination has occurred, you can claim damages and compensation:

Damages (Section 15(1) AGG): Compensation for the actual loss incurred — for example, application costs or lost wages. Prerequisite: The employer is responsible for the discrimination.

Compensation (Section 15(2) AGG): Appropriate compensation for the disadvantage suffered — irrespective of any specific financial loss. This usually amounts to up to three gross monthly salaries if the applicant would not have been hired even without the discrimination.

Important: The AGG does not grant a right to employment — only to financial compensation.

Time limits — act quickly

The time limits under the AGG are short and strict:

Both deadlines are cut-off dates: if the deadline is missed, the claim is irrevocably lost. The two-month deadline begins upon receipt of the rejection — not on the day of the interview.

Burden of proof — how does it work?

The AGG contains a graduated burden of proof (Section 22 AGG):

Stage 1: The applicant must present evidence suggesting discrimination. It is sufficient if the evidence indicates, with a high degree of probability, that discrimination has taken place.

Stage 2: If this is successful, the burden of proof is reversed. The employer must prove that the rejection was not based on a discriminatory ground.

Typical evidence:

• Discriminatory wording in the job advertisement
• Inappropriate questions during the interview
• Failure by a public sector employer to invite a severely disabled applicant for an interview
• Rejection on the basis of a protected characteristic
• Significant differences in qualifications between the rejected and the successful applicant

Special provisions for severely disabled applicants

Severely disabled applicants enjoy additional protection:

Public employers’ obligation to invite: Public employers must invite severely disabled applicants to an interview unless they are clearly unsuitable for the role (Section 165 of SGB IX). A breach of this obligation constitutes an indication of discrimination.

Involvement of the representative body for severely disabled employees: The employer must involve the representative body for severely disabled employees in the recruitment process. Failure to do so may constitute further evidence of discrimination.

Prohibited questions in job interviews

Certain questions must not be asked during a job interview:

If you are asked an inappropriate question, you have the right to refuse to answer or even to give a false answer — without suffering any disadvantage as a result.

Frequently asked questions (FAQ)

Can I claim compensation for age discrimination?

Yes. If a job advertisement contains discriminatory wording such as “young team” or you were rejected because of your age, you may be entitled to compensation under the AGG.

How much compensation is available in cases of discrimination?

Generally, up to three months’ gross salary for the advertised position, if you would not have been hired even without the discrimination. If you would have been offered the job, there is no upper limit.

Do I have to prove that I was discriminated against?

Not entirely. You only need to present evidence suggesting discrimination. The burden of proof then shifts, and the employer must prove that no discrimination took place.

How quickly do I need to act?

You must make a claim against the employer within two months of receiving the rejection. This is a limitation period — after that, the claim is lost.

Am I entitled to a job offer?

No. The AGG does not entitle you to a job offer, but only to compensation and, where applicable, damages.

Can I take legal action over an inappropriate question asked during a job interview?

An unlawful question alone does not in itself give rise to a claim for compensation, but it can be an important indication of discrimination — particularly if you are subsequently rejected.

This article is for general information purposes only and does not replace individual legal advice. Every case is different — if you have specific questions, we recommend seeking legal advice at an early stage.