An assumption about a group does not assess this application.
The Equal Treatment Act also protects job applicants. The Federal Labour Court has explained that traditional role stereotypes in selection can directly concern sex, for example when only women are assumed to be less available because of childcare. Such an assumption does not replace assessment of the individual application.
The child’s age of two identifies the family situation in the question. It proves neither a lack of skills nor insufficient experience. Actual working hours and professional requirements may be relevant, but must be assessed without pretexts or discriminatory standards.
The other three answers
The other reasons can be relevant, but are not unrestricted excuses.
doesn't speak English.
English skills may be required for a role. Such a requirement must relate to the work and must not be a pretext.
has too high salary expectations.
Different salary expectations may prevent agreement on a contract. That differs from blanket rejection because someone is a mother.
has no experience in this profession.
Professional experience may be a legitimate selection criterion. Whether it is required and genuinely missing must be assessed against the particular role.
Parenthood and sex are not the same legal characteristic.
Parenthood and caring responsibilities are not listed as separate grounds in section 1 of the Act. Protection in this context may arise particularly through sex discrimination. Not every disadvantage affecting all parents therefore automatically falls under exactly the same rule.
The specific statutory concept of maternity in connection with pregnancy and childbirth must not simply be extended to every later stage of parenthood. Particular claims, evidence and deadlines require individual assessment; the exam answer does not create an automatic right to be hired.
Section 7 · Non-discrimination · General Equal Treatment Act ↗Assess suitability, rather than assume gender roles.
The word “solely” matters: in the exam, the rejection is based only on being a mother.
Three words for this question
- die Eignungsuitability
- The abilities and qualifications appropriate for a task.
- das Rollenbildrole stereotype
- A social expectation about the tasks a group is supposed to undertake.
- vorgeschobena pretext
- Given as a justification although another reason is decisive.