Court Rules Job Ad for 'Digital Natives' Constitutes Age Discrimination

A recent ruling has confirmed that a job advertisement seeking 'digital natives' may constitute age discrimination. The decision, which originated from a case in Heilbronn, Germany, has been upheld by the Baden-Württemberg Regional Labor Court.

The term 'digital natives,' coined by Marc Prensky in 2001, describes individuals who have grown up with digital technology, contrasting them with 'digital immigrants,' who are generally older and did not have the same exposure during their formative years. The court noted that the term implies a generational distinction rather than simply a range of skills or experiences.

In April 2023, a sports retailer posted a job opening for a 'Manager Corporate Communications (M/W/D) Corporate Strategy' that explicitly sought candidates who identified as 'digital natives.' The advertisement highlighted the need for familiarity with social media, data-driven public relations, and various digital tools. Among the qualifications listed were an advanced degree in fields related to communication or media and substantial professional experience in both print and online editorial work.

A 1972-born applicant, who holds a degree in business law, applied for the position but was rejected. Following this, he filed a lawsuit for damages equivalent to five months' salary, claiming that the job advertisement discriminated against him based on his age. The company attempted to justify the rejection by stating that the applicant was overqualified and had a salary expectation that was too high for the position.

However, the labor court refuted these claims, asserting that the job title indicated more than just an entry-level position. The court confirmed that the advertisement's language suggested a preference for younger candidates, as terms like 'teambuddy' and 'dynamic team' are generally associated with a younger demographic.

While the court acknowledged that there is no specific age limit defining a 'digital native,' it determined that the applicant was indeed not considered one based on the job requirements and was thus discriminated against due to his age. The court awarded him a reduced compensation of one and a half months' salary, amounting to 5,000 euros, plus interest from the date the lawsuit was filed.

The retailer appealed the decision, but the higher court maintained that the use of 'digital native' in the job description implied a preference based on age. The court noted that the language of the ad further reinforced assumptions about the age group of desired candidates.

Although the labor court did not specify the exact birth year that qualifies one as a 'digital native,' it highlighted that the term predominantly applies to younger individuals. The employer did not provide any valid justification for their age-based preferences in the job listing. The regional court also clarified that the applicant's claims of discrimination were legitimate and that the employer must bear the costs of the appeal process.

Despite the ruling, the retailer has filed a non-admittance complaint, indicating their intention to continue contesting the decision.