“Search for digital domestic” may be acceptable in search of a partner, but it can be expensive in search of employees. Because the term can be banned from discrimination against old applicants. A similar decision of the Helbron Labor Court against a sporting Goods dealer has been confirmed by the Baden-Vurtemberg State Labor Court (AZ. 17 Sa 2/24).
The term “digital natives” was depicted in 2001 by Mark Pranceki to describe the generation of those who grew up with digital technology “such as computers, internet and other mobile devices, and they compared the generation of ‘digital immigrants’, older generations”, which was not with it. The reason for the verdict also quotes duden and Wikipedia with the same importance.
This suggests that the word does not focus on skills and experience, but that an applicant is “familiar with digital media from an early age because it was born in the digital world. This means that the word ‘digital indigenous’ cannot be discussed on the word ‘digital indigenous’. And general similar treatment law clearly prevents the loss of employees due to their age. This security already applies in the application process.
fact
In April 2023, the defendant employer was looking for a “manager corporate communication (M/F/D) corporate strategy” for a full -time. “As a digital natives, you feel social media, data-powered PR, moving image and all general programs for DTP, CMS, Design and Editorial Work (SIC),” Job Advertisement said, which was spread over relevant websites. And: “You are a full team friend …”.
Other requirements were more, including “Purna University’s study”, “multi-year, print and sound professional experience in the field of editorial team”, “professional about communication” and “passion for language and digital formats”.
A graduate business lawyer born in 1972 unsuccessfully implemented. He then complained about compensation for five monthly salary of 7,500 euros. The futile company defended itself with the claim that it did not exclude the applicant due to its age. Instead, he was disqualified, lived in Berlin, and his annual salary of 90,000 euro gross was very high for a clerk. But if you write “corporate strategy” in the title, you are looking for more than one clerk, the labor court found.
It was determined by age discrimination, but it was said that low compensation: one and a half monthly salary of 5,000 euros, as well as interest from the day of the lawsuit (AZ. 8 about 191/23).
Court 1223 WhatsApp gives details of attacks with Pegasus Spyware on usersFailed appeal
International sports goods dealer is unsuccessful. The term “digital indigenous” suggests that applicants are searched who grow up with digital technology “such as computers, internet and smartphones and they have integrated them in their everyday life from an early age.” “Age reference is reinforced by another route in job advertisements, demanding applicant, which is called ‘absolute team big’ and offered his works in ‘Dynamic Team’. From the perspective of a purposeful reader of the job profile, the speech is addressed as a/a young/young applicant.
One of which can be a person “digital native”, the court leaves clearly open. In English -Language Literature, 1981 has been mentioned several times. In any case, the applicant born in 1972 was not discriminated against digital native and due to direct job advertising. The law knows the reasons for justification, but the company did not even claim its existence. The law has not been allegedly abused.
The State Labor Court changes in its recent times in only one point Published decision Decision of the example before November: Interest runs for right -weaving attachment for only one day, not the same day. Non-judiciary should also bear the cost of the appeal process. The Baden-Vurturbberg State Labor Court has not approved a decent appeal in the Federal Labor Court. Sporting Goods dealer does not give up and has not been filed in the non -Aadambar complaint.
(DS)
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