Fragen aus dem Arbeitsrecht: Fiese Frage im Bewerbungsgespräch: Wann Lügen erlaubt ist

Discriminatory inquiries regarding pregnancy and family planning are unacceptable in job interviews, according to Alexander Bredereck, a lawyer specializing in labor law. Such inquiries fall under the purview of the Allgemeinen Gleichbehandlungsgesetz (AGG), which prohibits questions about ethnic origin, sexual orientation, political or union affiliation, as well as general inquiries about illnesses or disabilities.

However, there are exceptions, such as when a specific occupational background is relevant. Unusual questions are rare, but "most employers understand that certain inquiries are very delicate from a discrimination standpoint," Bredereck notes. When faced with such a question, a potential employee is unlikely to secure the position.

However, the Bundesarbeitsgericht has recognized a form of "right to lie" in such cases. Employers cannot contest the employment contract or terminate the employee if the lie is later revealed. Bredereck advises against lying, however, as it questions the nature of the employment relationship and whether the employer is truly the right fit.

If one encounters an unacceptable question, they must prove discrimination, which is often difficult in practice. Nonetheless, permissible inquiries include those asking about specific job-related skills, such as whether one can lift 25 kilograms for a package delivery position or work night shifts in a shift-based workplace. Additionally, one can inquire about whether the candidate is capable of demonstrating legal and negotiation competence in a specific language.