No discrimination where applicant applies for job solely to bring claim

An ECJ decision highlights that employers should be cautious of applying automated selection criteria to bulk job applications as unintentional discrimination against applicants could occur. While sham applications to bring claims do occasionally occur, such job applicants are rare and employers should be wary of raising any suspicion that an applicant is not genuine unless there is compelling evidence otherwise.

In this case, the ECJ held that where an individual applies for a job only to seek compensation for discrimination, and not to obtain employment, they will be outside the scope of both the EU Discrimination Directives. The purpose of the Directives is to protect those in employment or seeking employment; an individual who applies for a position only to bring a claim could not be said to be seeking employment.