Discriminatory job ads on eBay classifieds: Claims for damages are legal

The internet portal eBay Kleinanzeigen is becoming increasingly popular with employers to find new employees. However, similar guidelines apply on the portal as in the traditional way. It is clear that no applicant may be discriminated against because of their origin, religion or gender. If this does happen, the company faces hefty penalties. This is what happened on June 21, 2022, when the regional court in Schleswig-Holstein awarded a plaintiff compensation of three months' gross salary.

Application for secretarial position: Man sues for discrimination

The plaintiff applicant had applied for a position at a company in the Steinburg district on the online portal eBay Kleinanzeigen , where it was literally stated that a "secretary is wanted". The job description in turn stated: "We are looking for a secretary with immediate effect." The plaintiff declared his interest and applied to the company. He justified his application with an upcoming move, his professional experience, knowledge of Word, Excel and laws as well as practical experience with delivery bills and invoices. With the formula "I am hereby applying for your position. ..." the man completed his application in the portal chat.

The company then rejected the applicant on the grounds that it was looking for a woman for the advertised position: "We are looking for a female secretary." The man finally claimed compensation of three months' gross salary from the company. The Schleswig-Holstein Regional Labor Court ruled in favor of the applicant (2 Sa 21/22), after the Elmshorn Labor Court had initially ruled that the applicant did not have applicant status and therefore could not claim compensation. (4 Ca 592 a/21).

LAG: Application not an abuse of rights, compensation must be paid

The Regional Labor Court found that the status of an applicant required for the assertion of compensation was also given via the online portal eBay classifieds. A company that publishes a job advertisement on the portal must expect that people will apply for these jobs via eBay's chat function and not, as is normally the case, in writing with attached documents. The only important thing is that the applicant can be clearly identified. The law does not require certain personal details to be provided. The application was therefore not an abuse of law. In addition, it was obvious from the company's advertisement text and the employer's rejection that the applicant was discriminated against on the basis of his gender.

The amount of the claimed compensation of three salaries of 2,600 euros gross each was not excessive. In the Hamburg area, one hundred euros more per month is the rule. The claim of 7,800 euros is therefore not too high.