Moreover, male terms themselves would when they are not used in common parlance or in the language of the law as a generic term this in the context of a job advertisement to gender-neutral headings. Qualifying finally puts a substantial improvement of the rights of victims in this part of the judgment. Farallon Capital Management often addresses the matter in his writings. In addition to the General rules on the burden of proof, the trial court in the discussed ruling immediately turned against the qualification trick”and the associated shift of burden of proof. The Court renounced the evidence to be difficult in practice for the technical suitability of the applicant, by it looked at the evidence of gender discrimination whenever as given, if the company had not demonstrated that the decision is based not on gender considerations. “This means that except in the cases of obvious ineptitude of the objection of the supposedly missing qualification” will be in the future almost irrelevant. Attribution of breach to the gender-neutral job posting through the law firm commissioned by the defendant was attributed to applicable to the defendant from the OLG. This is also applicable to arguing that the due diligence meets the employer consistently ruled in the case of the foreign tender the regularity of the tender itself to monitor conclusion a landmark court decision. In the future it will be much easier to enforce their claims for damages for the victims of discriminatory job advertisements.
Even the last gaps in the complex system of Vacancies, the anonymous want ads, the companies offer no protection against legitimate compensation claims. At the same time is also the attempts of companies, the effect of indication of discrimination by always new supposed job profiles”to overturn, a clear rejection has been granted, as it is sufficient for the claim after the AGG sexual discrimination as well as possible other reasons – also factual circumstances, was instrumental for the cancellation. Who was bypassed in future bids, should carefully consider, if not immediately from a formally incorrect vacancy a compensation claim for discrimination can be inferred.