The case
An applicant had been rejected in 2009 because of his age. For the years 2020 to 2023 he claimed around EUR 236,000 in damages – the earnings he would have achieved had he been hired. However, he had already taken up a suitable public-sector position years earlier and held it for several years.
The decision
The Federal Labour Court dismissed the claim (judgment of 10 September 2026 – 8 AZR 153/25). Compensation for material damage under § 15(1) AGG is not capped in advance. However, the link between the discrimination and a loss of earnings can end – for example when the applicant has found a new, suitable job and that employment has become stable. The further career path is then part of the general risk of life.
What this means in practice
- For employers: Non-discriminatory job advertisements and clear documentation of the selection decision remain important. The liability risk is not capped, even if it is limited in time.
- For applicants: Claims must be asserted in writing within two months of receiving the rejection (§ 15(4) AGG). In addition to an indemnity, lost earnings can also be claimed – but not without limit.
