Presenting one’s own company, club, or organization also involves designing job postings and the application process in general. According to Section 11 of the General Equal Treatment Act (AGG), employers must advertise job openings both internally and externally in such a way that applicants are not disadvantaged on the basis of their gender, race, or ethnic origin, disability, religion or belief, sexual identity, or age. Exceptions are permitted only if the aforementioned characteristics constitute an essential or decisive occupational requirement for the position in question, or if they serve to compensate for existing inequalities. Examples include targeted measures to promote women or the preferential hiring of individuals with severe disabilities. If employers violate the AGG, affected applicants may file a lawsuit. Job postings should therefore be worded with precision and care. It is also advisable to comprehensively document the entire application process.
For job postings, this means that the following points should be observed:
- Gender-neutral wording: In December 2018, the category “diverse” was legally established, recognizing a third gender. This provides an option for all people who cannot (or do not wish to) identify as either “male” or “female.” This has implications for the wording of job postings: They are considered compliant with the General Equal Treatment Act (AGG) if they include the third gender in addition to male and female. This can be expressed, for example, using the abbreviations “m/w/d” (d for diverse) or “m/w/i” (i for intersex).
- Ethnic origin: It is prohibited to specifically seek “German-born” or “Turkish” applicants in job postings. It is equally problematic to list “German as a native language” as a criterion, as this constitutes a distinction based on origin. Furthermore, applicants of non-German descent may, under certain circumstances, have better German language skills than some native speakers. Specifically defined language skills required for a position (“fluent in spoken and written English”), on the other hand, are permissible.
- No age limits: The AGG protects both older and younger people from unequal treatment. Accordingly, age limits in job postings are generally not in compliance with the AGG. However, specific relevant professional experience may be specified if it is necessary for the position.
- Requests for applicants to submit a photo should be avoided.
Anonymized Application Processes
In light of these recommendations, some companies and institutions rely on anonymous application processes. This means not only that applicants do not submit a photo with their application. It also means that other personal details—such as age, gender, disability, background, or marital status—are omitted in the initial phase of the application process, with the goal of avoiding bias-driven assumptions. The focus of an anonymous application process should be exclusively on the applicants’ qualifications.
This approach is based on numerous scientific studies that have shown that people with a migration background, women with children, people with disabilities, and older adults often have fewer chances of being invited to an interview. Anonymous application processes are therefore already standard practice in many countries, and a pilot project by the Federal Anti-Discrimination Agency resulted in several recommendations on the matter.
However, it should not be overlooked that anonymous application processes—and their actual effectiveness—are very much a subject of debate. The state of North Rhine-Westphalia, for example, has abolished them again for the public sector.
Additional Links and Recommended Reading
- Federal Anti-Discrimination Agency: Discrimination in Job Postings. Study evaluating job postings with regard to discrimination, exclusionary mechanisms, and affirmative action
- Federal Anti-Discrimination Agency: For Equal Opportunity in Education and the Workplace. Examples of Best Practices
- Federal Anti-Discrimination Agency: Guide for Employers, Anonymized Application Processes
- Federal Anti-Discrimination Agency: Pilot Project on Anonymized Application Processes
- Heitmann, Hendrik: The Third Gender—What Employers Need to Know
- Scheibig, Beate/Börner, Falko (Wiesbaden Chamber of Industry and Commerce): The General Equal Treatment Act (AGG) in Job Postings and Application Processes
- Technical University of Berlin: Gender-Inclusive Job Postings