2013/4 Not inviting to a job interview someone who applies to a discriminatory advertisement is unlawful, even if in the end nobody was hired (GE)
An applicant who is not given the opportunity to attend a job interview may be entitled to immaterial damages under the Equal Treatment Act (Allgemeines Gleichbehandlungsgesetz, ‘AGG’), even if the employer does not hire anyone for the advertised position. The applicant is not entitled to immaterial damages if the employer can provide evidence that the applicant was either objectively unqualified for the position or abused the law.
Bundesarbeitsgericht (Federal Labour Court), 2012-08-23