Legal Opinion: Disclosure of information to unsuccessful job applicants
Can an unsuccessful job applicant demand that the prospective employer provide him or her with documents about the successful applicant?
The European Court of Justice (ECJ) has held, in Meister v Speech Design Carrier Systems GmbH, that there is no such duty on an employer, but also held that refusal to disclose the information may be one of a range of factors to be taken into account in deciding a subsequent discrimination claim.
Obtaining evidence of discrimination
Ms Meister was a Russian national holding a Russian degree in systems engineering, which was a recognised qualification in Germany. The respondent company, which was based in Germany, placed a newspaper advertisement for a software developer. Ms Meister applied and was rejected without interview. The company then re-advertised the position. Ms Meister re-applied and she was again rejected without being called for interview. There was nothing in the subsequent proceedings to suggest that her qualifications for the post were unsatisfactory. She was not told why her applications had been unsuccessful. Subsequently, Ms Meister issued proceedings against the company alleging that she had been subjected to less favourable treatment on the grounds of her sex, age and ethnic origin.
May 16, 2012