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Written By:  Christian Zeller – German Attorney at Law

WINHELLER Attorneys at Law

Frankfurt am Main, Germany

Companies are not obligated to inform rejected applicants of the reasons for the rejection. This arises from a recent decision of the European Court of Justice.

European Community law contains no basis for an entitlement to access to the documentation of the application process. Nevertheless, the Luxemburg judges pointed out that the general denial of any information about details of the application process could prove to be detrimental in a possible discrimination process, while it would be considered by some as evidence of discrimination. That can lead to a shifting of the burden of proof on the basis of Section 22 of the General Equal Treatment Act. Accordingly, the employer must demonstrate in detail that no actual discrimination has occurred.

NOTE: A brief explanation of the decision without discrimination against the employment of the applicant is recommended not only for procedural tactical reasons. Rather, such an information policy satisfies the personal right of the applicant and thus contributes to good corporate reputation.

European Court of Justice, Judgment of April 19, 2012, Case C-415/10.

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