Follow us

Employers can refuse to provide recruitment information to an unsuccessful job applicant who meets the advertised job criteria, but risk this being used to support a finding that there is sufficient evidence of prima facie discrimination to shift the burden of proof to the employer.

The ECJ has ruled that, in deciding whether the burden of proof shifted inMeister v Speech Design Carrier Systems, the domestic court can take into account the fact that the employer refused all access to recruitment documentation (rather than providing redacted documents), the employer's acceptance that the claimant satisfied the job criteria, and its failure to invite her to a job interview.


Article tags

Key contacts

Samantha Brown photo

Samantha Brown

Managing Partner of EPI (West), London

Samantha Brown
Steve Bell photo

Steve Bell

Managing Partner - Employment, Industrial Relations and Safety (Australia, Asia), Melbourne

Steve Bell
Emma Rohsler photo

Emma Rohsler

Regional Head of Practice (EMEA) - Employment Pensions and Incentives, Paris

Emma Rohsler
Andrew Taggart photo

Andrew Taggart

Partner, London

Andrew Taggart
Fatim Jumabhoy photo

Fatim Jumabhoy

Managing Partner, Singapore, Singapore

Fatim Jumabhoy
Barbara Roth photo

Barbara Roth

Partner, New York

Barbara Roth