The question of whether the use of gender asterisks in job advertisements can be discriminatory was dealt with by the Schleswig-Holstein Regional Labour Court in its decision of 22 June 2021, Case No. 3 Sa 37 öD/21.
The party to the action, who was born in two sexes and was severely disabled, applied for one of several job advertisements of the defendant local authority for qualified social pedagogues, qualified social workers and qualified curative pedagogues, which were advertised, inter alia, with the sentences "For more details, please refer to the following requirement profile of a specialist (m/f/d)" and "Severely disabled applicants will be considered if they are suitable".
The plaintiff received a rejection in the application procedure. With the lawsuit, the plaintiff then sought compensation under the General Equal Treatment Act (AGG). The plaintiff claimed that she had been discriminated against because of her gender. The passage "applicants with severe disabilities" with gender asterisks was not gender-neutral in violation of the provisions of the Social Code IX (SGB IX).
The Elmshorn Labour Court awarded the plaintiff € 2,000.00. The plaintiff appealed against the decision of the Elmshorn Labour Court and sought €4,000.00 by way of legal aid from the Schleswig-Holstein Regional Labour Court.
Schleswig-Holstein Regional Labour Court dismissed the application for legal aid for lack of sufficient prospects of success. The use of gender asterisks was not discriminatory for people born of more than one sex. Gender asterisks were used precisely for gender-sensitive language. It was clear from the use of the reference m/f/d that the job advertisement was gender-neutral. Thus, the use of the term "applicants" instead of "people" was not discriminatory.
An appeal on a point of law has not been admitted.
The decision is final.
Sources:
Decision of the Schleswig-Holstein Regional Labour Court (3 Sa 37 öD/21);
Press release of the Kiel Regional Labour Court No. 1/2021 v. 06.07.2021
