No right to information of unsuccessful job applicants and its consequences for the burden of proof.
The Court of Justice of the European Union concludes in a case referred by the German Federal Labour Court, that EU non-discrimination legislation does not entitle a worker who has a plausible claim that he meets the requirements listed in a job advertisement and whose application was rejected to have access to information indicating whether the employer engaged another applicant.
The Court concludes however, that a refusal by the employer to disclose any such information may be one of the elements to take into consideration when establishing the presumption overturning the burden of proof.
The complainant, Ms Galina Meister, held that she had been discriminated against on the grounds of her age, sex and/or origin in the recruitment process where a private company made two successive, identical job advertisements for which Ms Meister applied, unsuccessfully, without being called for an interview. She held that without the employer disclosing information on the recruitment process and its outcome, she was not able to establish any facts from which it could have been presumed that there had been discrimination.
To read the press release regarding this judgment, please click here.
The Advocate General’s opinion in this case was discussed at the Equinet high-level legal seminar on 28 March in Brussels. The presentation on this case is available on the Equinet website.