Update On So-called “AGG Hopping”

At a Glance

• In Germany, AGG hopping is the practice of filing fake job applications for the sole purpose of rejection in order to file a discrimination under the General Act on Equal Treatment (“AGG”).
• This article provides an overview of this practice and case law addressing it.

The practice of “AGG hopping” has recently received renewed media attention in Germany. This topic has occupied employers and courts for many years and may give rise to significant, yet avoidable, liability risks. In this practice, individuals submit job applications not with the aim of obtaining the advertised position, but rather to provoke an allegedly discriminatory rejection, enabling the rejected applicant to assert claims for damages and/or, in particular, compensation under the General Act on Equal Treatment (“AGG”). In practice, AGG hopping typically targets alleged discrimination based on gender, age or severe disability.