Update – an unsuccessful candidate’s entitlement to information regarding the recruitment process

The recent case of Meister v Speech Design Carrier Systems GmbH, in the European Court of Justice, has held that an employer is not obliged to disclose information on the successful job applicant to an unsuccessful job applicant, who meets the advertised requirements for the role.

However, an employer’s refusal to provide such information will be taken into consideration when assessing, in the circumstances, if there is any merit to a direct or indirect discrimination claim. If discrimination can be inferred on the facts, this may place the burden of proof onto the employer to disprove discrimination. Furthermore an employer’s refusal to disclose information on the successful candidate or recruitment process must not compromise the aims of the Race Equality and Equal Treatment Directives.

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