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European Employment Law Cases
Article

2023/2 eBay Classifieds used as a recruiting and job application platform not a safe haven for gender discrimination of applicants (GE)
Keywords Gender Discrimination, Discrimination General
Authors Susanne Burkert-Vavilova
DOI 10.5553/EELC/187791072023008001003
Author's information

Susanne Burkert-Vavilova
Susanne Burkert-Vavilova is an attorney-at-law at Luther Rechtsanwaltsgesellschaft mbH.

  • Abstract

      The Schleswig-Holstein Regional Labour Court (Landesarbeitsgericht, ‘LAG’) has found that a person who expressed interest in a job through the Internet portal ‘eBay Classifieds’ was an ‘applicant’ within the meaning of the German General Equal Treatment Act (Allgemeines Gleichbehandlungsgesetz, ‘AGG’) and, provided the other legal requirements are met, eligible for compensation for immaterial damage. The Court further ruled that the hurdles are high for the compensation claim to be countered by the defence of abuse of rights.

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