Discrimination – Claims by unsuccessful Job applicants

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In the case of Meister v Speech Design Carrier Systems GmbH the job application of Miss Meister, a Russian National was rejected without interview even though her level of experience corresponded with the requirements of the post. In pursuance of her sex, age and race discrimination claims she sought production of the successful candidates file as she believed that this might show that she was more qualified than that person.

The Court held that she was not entitled to access to the successful candidate’s file but went on to say that the employer’s refusal to grant access to the information “may be one of the factors to take into account in the context of establishing facts from which it may be presumed that there has been discrimination.” They added that a consideration of those factors “might also include, in the present case, the fact that Miss Meister was at least equally qualified but not even called to interview.”