A woman from North Rhine-Westphalia, had applied for a temporary substitution. In the interview the boss asked you whether or not she’s pregnant. The woman replied in the negative. In the process it actually was.
After the employer learned of the pregnancy, he complained. He wanted to contest the contract due to fraudulent misrepresentation. In court, he made it clear that he wanted to hire Pregnant woman for a pregnancy representation. But the court ruled against the employer: Applicants have the right to keep your pregnancy a secret (reference 6 Sa 641/12).
Nevertheless, candidates answer all questions in the interview that may not make the boss even. A survey of the Federal anti-discrimination Agency. Accordingly, many applicants for such questions are not sensitized enough.
Details for UmfrageWer has given the survey in order? The anti-discrimination Agency of the Federal government left people to question whether they have been confronted in interviews with illegal questions. By whom the survey was realized? The survey by opinion research Institute, Kantar TNS Emnid, as a computer assisted telephone interview (CATI) in the period from 15 November to 8. December 2017, to be realized. Who was interviewed? From a population representative sample of more than 4000 respondents, the actual target group for the survey was recruited. These were all persons aged 15 years and over, in the past five years, one or more interviews for a job or a training place. To this circle of 976 persons in the questionnaire of the survey was sent.
So, about 39 percent of the respondents believed that women are likely to be asked in job interviews whether they are pregnant. The respondents saw the interest of the chief as justified, because he could plan this better. The they rated higher than the protection of the applicant against discrimination.
However, the question of pregnancy is not allowed in any case, even if, for reasons relating to labour law, Pregnant women must not execute a special activity.
For, in principle, admissible holds a clear majority, the candidate questions for the employer
the age (86 per cent), nationality (72%), severe disability (72 percent), family (69 percent), and whether the candidate speaks English as a native language (65 percent).
This is the information often given in the written application documents. This could be reasons for this that many applicants ask for, in principle, in order to keep – but they are justified only in exceptional cases.
such As the question of a disability or severe disability is allowed only if the applicant could not otherwise perform his work. This is about police officers of the case, the need to meet specific health requirements.
Even with questions on nationality and native language, it can be a discrimination on the basis of ethnic origin. Permitted the question to very good German language skills, therefore, only if these are relevant for the job actually required.
The employer may not inquire after the family situation or planning. Such questions may discriminate against women.
May ask the chief to the Religion?
The query of the Religion or denomination affiliation by the employer in the application call on hold 29 percent of the respondents. Someone applied to religious communities and their associated organisations, for example Caritas, the question is exceptionally. Because belonging to The respective denominations can be made as a condition of employment, if this is according to the Church’s self-understanding and self-determination to engage in the activity required. Otherwise, don’t.
a Little controversial among the respondents, the question of sexual orientation: Here, the vast majority of 93 percent is aware that questions are not allowed after that. An exception arises, however, in connection with Church employers. A difference in treatment based on sexual identity would be justified.
Thus, may not require religious communities from their employees a loyal and sincere conduct within the meaning of your respective self-understanding. Homosexuality, or entering into a registered civil partnership could constitute a violation of this loyalty bid.
As a Catholic high school moved back to North Rhine-Westphalia, a contract of employment, because a teacher wanted his life partner to marry. The setting of the teacher’s voice, “not with the ideas of the Catholic Church on marriage and the family agreed”.
“Healthy lion” looking for /Cultura RF As discriminatory vacancies? Thus, a study is concerned. Result: It is not all bad.
According to the survey, many candidates difficult to assess whether a certain question in a certain context might not be admissible.
The Federal anti-discrimination Agency proposes, therefore, already in the preparation for a job interview with all possible questions to prepare: it Is justified, if the employer asked about a physical disability or impairment, because of the job specific physical requirements are essential? It is an employer under Church sponsorship must ask for the religious affiliation?
the applicant is uncertain, he can ask in the interview is also always a question, how about the Information for the job is not relevant.