The General Equal Treatment Act (AGG) protects job applicants and employees from discrimination on the basis of certain personal characteristics. At the same time, companies are repeatedly faced with applications where the focus is not on the actual start of employment, but on potential Claims for compensation take centre stage.
In this context, the term „AGG-Hoppers“ used.
For employers, the question arises as to how such cases should be classified in legal terms and how allegations of discrimination can be avoided.
What are AGG hoppers?
As AGG Hopper refers to people who deliberately apply for job vacancies in order to uncover possible breaches of the AGG by an employer and subsequently Claims for compensation to assert this against him.
In many cases, however, there is no genuine interest in the advertised post from the outset. The aim is rather to pursue claims relating to alleged discrimination.
Typical designs of AGG hoppers
In practice, certain patterns of behaviour often emerge:
- numerous applications in a wide variety of roles
- lack of professional competence for the advertised positions
- targeted search for faulty Job vacancies
- prompt enforcement of Claims for compensation
However, not every unsuccessful application followed by a claim automatically constitutes an abuse. A careful examination of each individual case remains necessary.
Legal classification
Case law generally recognises that unfair Claims for compensation do not enjoy any protection.
However, this is subject to the condition that it can be demonstrated that the applicant had no genuine interest in the post from the outset. The burden of proof in this regard can be difficult for employers to meet.
Companies should therefore not assume that they will be able to prove any misuse later on without any difficulty. What remains crucial is a ensuring the application process is free from discrimination.
A problem for employers: common mistakes in the recruitment process
Many AGG proceedings arise from avoidable errors in the recruitment process.
The following are particularly problematic:
- discriminatory language in job adverts
- unacceptable questions in the Job interview
- lack of documentation regarding Selection decisions
- informal or subjective selection criteria
Even off-the-cuff remarks can later be interpreted as evidence of discrimination.
How employers can protect themselves against AGG ‘jumpers’
Companies should Ensuring recruitment processes comply with the law.
Key measures include:
- non-discriminatory job advertisements
- structured selection processes
- documented basis for decision-making
- Training courses for managers and HR professionals
Clear and comprehensive documentation makes it considerably easier to defend oneself against unfounded allegations in the event of a dispute.
How should employers respond to claims under the AGG?
Is there a Claim for compensation under the AGG , a thorough legal review is recommended.
Hasty reactions or premature payments are often just as problematic as completely ignoring the claim.
Firstly, all application documents, correspondence and decision-making processes should be documented and analysed. It can then be assessed whether there are any indications of a possible abuse of the law.
Practical tip: Prevention is the best form of protection
The best way to protect against claims under the AGG is not to prove that abuse has taken place, but to avoid the risks of discrimination in the first place.
A professional, transparent and well-documented recruitment process not only reduces the risk of legal action, but also improves the quality of recruitment.
Conclusion
AGG Hopper present companies with particular challenges. However, the best protection does not lie in defending oneself at a later stage, but in a legally sound and transparent recruitment process. Anyone who Risks of discrimination Minimising risks at an early stage and documenting decisions in a transparent manner significantly reduces the risk of costly disputes.
If you have any questions on this or other topics, please contact us - we will be happy to advise you.
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