Is affirmative hiring illegal in Germany?

Question

With the headline: "Women in Tech - all levels - at sustainable start-up (f/x) - Munich or Remote"

Wondering if only hiring f/x would be legal in Germany?

Kai Burghardt · Accepted Answer · 2022-01-19 00:48:37Z

3

No, it’s not legal, § 7 Ⅰ | 1 AGG (“employee” includes applicants, § 6 Ⅰ 2 AGG), unless the the job requires a certain sex, § 8 Ⅰ AGG, example: porn actor. If you’re a good lawyer, you can argue that a women’s shelter hires females only, but only as far as the specific position includes interaction with patrons (i. e. janitor, or accountant must still be open to everyone).
Advertising unwarranted gender-discriminatory positions is already illegal, § 11 AGG. There are some people who abuse their legal rights and apply for such a position, include a discreet statement about their sex, and after receiving a rejection file a lawsuit for damages, § 15 AGG, usually 3 months worth of wage.

answered Jan 18, 2022 at 17:55

Kai Burghardt

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This is a quite interesting case: that exact same employer currently has several job opportunities for similar jobs in other teams that are open to everyone. It is only this one particular job in this one particular team (the "Women in Tech" team whose purpose it is to promote women going into tech jobs) which requires a woman.
– Jörg W Mittag
Jan 18, 2022 at 23:37

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