Wrong salutation of a woman with “Dear Sir” in letters of rejection on an application no discrimination according to the AGG is the Labor Court Dusseldorf (judgment of the 09.03.2011 AZ: 14 CA 908/11) decided: incorrect salutation of a woman with “Dear Sir” in letters of rejection on an application no discrimination according to the AGG represents is accidentally wrongly addressed an applicant rejection letter, so this represents alone not discriminatory under the General equal treatment Act (AGG). The case: The applicant applied to the respondent for the job as food-technical assistant. Their application was rejected. In the rejection letter, the applicant was incorrect with Sir”addressed. She believes that results from this title, that she had not been set because of their migration background. The plaintiff demanded a compensation in the amount of Euro 5,000.00 by the company. To justify she led among others that application documents clearly showed from her, that she was female.
The company have but obviously ever seen on your application and from her name alone suggested a migration background and sweeping rejected the application therefore. The decision of the Labour Court of Dusseldorf: The Labour Court rejected the claim. “Lawyer Tobias Ziegler, lawyer specializing in labour law from Dusseldorf explains this: A compensation claim under 15 para 2 AGG presupposes that the applicant because of a referred AGG characteristics such as race or ethnic origin is been discriminated against the in section 1.” Presentation of the applicant is sufficient not to accept of a disadvantage according to the legal arrangements relating to the burden of proof in the court proceedings it enough worker submits facts from which general life experience an overwhelming probability of such a deprivation resulting. The employer must prove then that no discrimination exists”, lawyer continues in employment law Tobias Ziegler. The Labour Court Dusseldorf has now ruled that the submissions of the applicant for such burden of proof shifts to the employer is not sufficient. The confusion in the title let suspect no discrimination due to race or ethnic origin. Unless lying that a simple error was the incorrect salutation in the rejection letter when editing this letter based just as likely, if not even closer. Background knowledge: Inform themselves in this context also about the issue of bullying in the workplace and about the rules of the General equal treatment Act (AGG) see: anwalt-ziegler.de/arbeitsrecht/mobbing.htm