AGG: Avoiding Promotion Discrimination — 6 Practice Tips

1. Statistical Analysis of Promotions

Annually, calculate the promotion rate per gender, age group, and disability status. The Federal Labor Court (BAG) treats asymmetries above 5% as an indication that triggers the burden-of-proof reversal under Section 22 AGG. See also our pillar on Section 22 AGG burden of proof reversal.

2. Transparent Promotion Criteria

Define criteria in writing BEFORE the promotion decision. Use a point-based evaluation. Make the system audit-ready and reproducible.

3. Structured Promotion Interviews

Use a score sheet per candidate. Apply objective competency assessment. Enforce the four-eyes principle (two evaluators).

4. Documenting the Decision

For every promotion: written rationale referencing the criteria. Retain for three years (AGG litigation period plus buffer).

5. Diversity Quota as Corrective

Voluntary commitment, e.g., 30% women in leadership. Annual self-review. If the target is missed, define an action plan with measurable milestones.

6. Mentoring for Underrepresented Groups

Structured sponsorship reduces bias in informal promotion paths and accelerates pipeline development.

Summary

Promotion discrimination is one of the highest-risk areas under the AGG because statistical evidence is easy to compile and difficult to refute. A combination of written criteria, structured interviews, retained scoresheets, and an annual diversity review provides a defensible audit trail and reduces both litigation and reputational risk.

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