Distinguishing between platform rules and legal requirements
Adverts on suchen.expert must be factual, respectful and free from unlawful discrimination. This requirement arises from the General Terms of Use and the platform rules. Depending on the content and purpose of the advert, statutory prohibitions on discrimination may also apply.
The platform rules may provide broader protection against discriminatory or derogatory content than any single statutory provision. An advert may therefore breach the platform rules even if, in a particular case, not every provision of the General Equal Treatment Act applies directly.
Conversely, approval by suchen.expert does not mean that the legal permissibility of the advert has been conclusively confirmed.
Correctly interpreting the scope of the AGG
The General Equal Treatment Act does not automatically apply in the same way to every text and every private interaction. Its scope depends in particular on whether the matter concerns employment, certain civil-law transactions, housing, goods or services offered to the public, or another situation.
The AGG is particularly relevant in the case of:
- job adverts and recruitment processes,
- terms and conditions of employment and work,
- certain goods and services offered to the public,
- certain insurance and mass-market transactions,
- housing offers subject to the relevant statutory conditions.
For individual private sales, personal requests or other specific circumstances, the legal classification may differ. However, this does not mean that discriminatory wording is permissible on suchen.expert. The platform rules apply regardless of whether a specific case falls entirely under the same provisions of the AGG.
The official statutory text can be found in the General Equal Treatment Act.
Correctly naming protected characteristics
Section 1 AGG refers to discrimination on grounds of ‘race’ or ethnic origin, as well as on grounds of:
- sex,
- religion or belief,
- a disability,
- age,
- sexual identity.
Nationality and language are not listed as separate characteristics in Section 1 of the AGG. However, this does not mean that exclusions based on nationality, native language or accent are automatically permissible.
A requirement relating to nationality or language may:
- be linked to ethnic origin,
- indirectly disadvantage people of a particular origin,
- contravene other statutory provisions,
- be prohibited under the platform rules,
- be objectively unnecessary or disproportionate.
Therefore, do not use blanket statements such as ‘Germans only’, ‘no foreigners’ or ‘native speakers only’. Instead, describe the actual skill required or the legal prerequisite.
Avoiding direct and indirect discrimination
Put simply, direct discrimination occurs when a person is expressly treated less favourably because of a protected characteristic. An example would be the blanket exclusion of an age group or ethnic origin without a legally permissible reason.
Indirect discrimination may arise when an apparently neutral requirement places persons with a protected characteristic at a particular disadvantage and there is no objectively justified, necessary and proportionate aim for doing so.
The following, for example, may be problematic:
- unnecessary requirements regarding mother tongue or accent,
- age limits without any apparent legal or objective justification,
- physical requirements that are not necessary for the job,
- blanket exclusions on the grounds of a disability,
- indirect references to a desired ethnic origin or religion,
- selection based on name, appearance or place of birth rather than relevant aptitude.
Harassment, degrading remarks and calls for others to exclude certain groups may also be unlawful.
Section 3 AGG explains the legal concepts of direct and indirect discrimination and harassment.
Formulate language requirements objectively
Language skills may constitute a permissible professional requirement if they are actually necessary for the specific job, service or event. The decisive factor is the required ability, not a person’s origin.
Instead of ‘native German speakers only’, depending on actual requirements, formulations such as the following may be appropriate:
- ‘German language skills at C1 level required, as the role involves extensive written correspondence with customers.’
- ‘Proficient spoken German required for communication with customers.’
- ‘Knowledge of English required to support international participants.’
- ‘Knowledge of specialist German terminology is required for documentation.’
Do not require a higher language level than is necessary for the task. If basic communication is sufficient, a native or near-native level should not be required without good reason.
Do not use ‘mother tongue’ as a substitute for language proficiency that can be described objectively. A person can have the required command of a language without coming from a particular country or having grown up with that language.
Describing permissible objective requirements
An advert may state requirements that are necessary and appropriate for its actual purpose. What matters is their connection with the task, service, safety or a legal requirement.
Depending on the case, the following may be objectively relevant:
- a specific professional qualification,
- a licence required by law,
- demonstrable specialist knowledge,
- availability at specific times,
- a required driving licence,
- the ability to carry out a specifically described essential task,
- a specific level of language proficiency,
- necessary safety or hygiene knowledge,
- a statutory minimum age,
- authorisation to work lawfully.
State the specific requirement. For example, write ‘Valid authorisation to work in Germany must be in place no later than the start of employment’ if that is the precise legal requirement, instead of requiring a particular nationality.
For physical roles, the main task should be described, such as the safe handling of specifically named loads. A blanket exclusion of people with disabilities does not constitute an objective job description.
Use neutral wording
Address the advert to people who meet the objective requirements described. Avoid wording that unnecessarily presupposes a particular gender, age, origin, religion, disability or sexual identity.
Examples of more neutral wording:
- instead of ‘young man wanted’: ‘Help needed to carry and assemble furniture; the specific tasks are described below’
- instead of ‘native German speaker’: ‘Very good German required for customer communication by telephone and in writing’
- instead of ‘people under 30 only’: state specific scheduling, workload or qualification requirements
- instead of ‘no people with disabilities’: describe the actual physical conditions and essential tasks objectively
- instead of ‘female help preferred’: describe the nature and scope of the work in gender-neutral terms
- instead of ‘Christian applicants’: precisely describe the specific tasks and, where applicable, any legally relevant requirements of the organisation
Do not use seemingly friendly euphemisms, emojis, images or keywords to indirectly express an impermissible personal exclusion.
Bear in mind the specific requirements for job adverts
Special employment-law requirements apply to job adverts. Under Section 11 AGG, a vacancy must not be advertised in breach of the prohibition of discrimination.
A job advert should, as a general rule, be aimed at all suitable candidates and should only specify criteria that are legally permissible and objectively necessary for the role.
In particular, check:
- whether job titles and forms of address are worded in a neutral manner,
- whether age details are genuinely required by law or are necessary for the role,
- whether language skills are described in terms of proficiency rather than origin,
- whether physical requirements form part of the core duties,
- whether working hours, qualifications and experience are explained objectively,
- whether images or descriptions unnecessarily favour a particular group of people,
- whether any claimed exception has been legally verified.
A personal preference on the part of the employer or a customer’s request is not sufficient justification.
Further guidance is provided in Clarification regarding job vacancies from verified employers.
Structuring Services, Marketplace and Events adverts appropriately
Even outside of job adverts, users should not be generally excluded or disparaged on the basis of personal characteristics.
For services, the focus should be on professional suitability, availability, area of operation and necessary communication. For Marketplace adverts and adverts for items being given away, price, collection, shipping and objective handover conditions are what matter. For events, the target group, protection of minors, accessibility and conditions of participation may be relevant.
Sections 19 and 20 of the AGG may apply to certain goods and services offered publicly. Their scope of application and possible justifications depend on the nature of the business and the specific circumstances.
Certain offers aimed at specific target groups may serve a legitimate purpose, such as support, counselling or protection services. However, whether a personal exclusion is legally permissible depends on the specific context.
Do not use an exception on its own as a blanket justification. Describe the purpose and conditions of participation in a neutral manner and have any questionable restrictions reviewed by an expert.
Do not extend narrow statutory exceptions yourself
The AGG contains exceptions and grounds for justification for certain areas. Under strict conditions, these may include, for example:
- statutory minimum or protective age limits,
- permissible positive measures to compensate for existing disadvantages,
- special requirements for certain roles involving close personal contact.
These exceptions do not apply automatically simply because a user favours a particular group of people. They must be appropriate to the specific case, serve a legitimate purpose and be proportionate.
If the legal position is uncertain, initially draft the advert without excluding anyone on personal grounds and have the requirement reviewed by a qualified legal adviser or the competent authority.
suchen.expert support can explain platform functions and moderation decisions, but cannot provide binding legal advice for an individual case.
Check the entire advert for signs of discrimination
Discriminatory content may also appear outside the description.
Also check:
- titles and subtitles,
- category and situation,
- images, graphics and symbols,
- price and conditions of participation,
- requirements and exclusions,
- hashtags or keywords used,
- calls to contact,
- replies in platform messages.
A neutral main text does not make a discriminatory image or subsequent message permissible. Furthermore, do not publish any personal data or images of third parties in order to single out an undesirable group of people.
Carry out an objective review before publication
Read the advert from the perspective of different people and check:
- Does each requirement relate directly to the content or purpose?
- Is the required standard actually necessary?
- Is a skill being described rather than a background or identity?
- Could suitable candidates be unnecessarily excluded?
- Are personal preferences presented as supposed objective requirements?
- Do titles, images or keywords contain indirect exclusions?
- Is any claimed statutory exception supported by a robust professional assessment?
- Does the advert comply with the platform’s rules and applicable laws?
If a requirement cannot be objectively justified, remove or revise it.
Carefully correct a rejected advert
If an advert has been rejected because of discriminatory content, read the reason shown in full. Do not merely change individual words if the exclusion remains the same in substance.
A sensible revision might involve:
- removing a blanket personal exclusion,
- replacing a requirement based on origin with the skill actually required,
- deleting any unnecessary reference to age or gender,
- describing the key tasks in a neutral manner,
- removing problematic images or keywords,
- providing a more detailed justification for an objective qualification requirement,
- ceasing to use a legally uncertain exception,
- correctly classifying the type, category or purpose in a new advert if the fixed core details do not fit.
Do not attempt to conceal the same exclusion using abbreviations, codes or private messages. Do not create slightly altered duplicates to circumvent a moderation decision.
Further information can be found in How do I edit a rejected advert and resubmit it? and Rejected adverts / What should I do?
Review without a guaranteed timeframe or approval
New adverts are reviewed before they are first made public and may be approved or rejected. There is no guaranteed processing time for this review. Statements such as ‘within an hour’ or ‘within two days at the latest’ should therefore not be used.
Revising an advert does not guarantee approval. Even an advert that has initially been approved may subsequently be restricted or removed following a report or new information.
In the event of serious or repeated breaches, further measures against the account may be considered in accordance with the General Terms of Use. However, do not state that every rejection results in automatic suspension.
If a moderation decision remains unclear, you can contact support using the contact form. Provide the advert ID and the specific wording that was objected to. Do not send passwords, one-time codes, complete security links or unnecessary documents containing personal data.
