PERFECT GERMAN NECESSARY FOR A CLEANING PERSON? Ms. N.N. is a Dutch citizen and has been living in Austria for some time. When looking for a job, she found that numerous job offers from the Labour Market Service had surprisingly high language requirements. “Very good” or “perfect” command of German was required for jobs such as cleaning person or unskilled worker. Ms. N.N. presumed that the intention was to prevent persons whose native language was not German from applying and she filed a complaint with the AOB. Excessive language requirements represent indirect ethnic discrimination, as they penalise persons whose native language is not German. In its statement to the AOB, the Labour Market Service conceded that at first glance the required knowledge of German seems to be high for this type of job. However, ultimately the Labour Market Service considered them necessary and justified particularly in these sectors. The requirements with regard to the knowledge of German, especially reading German, are continuously rising relative to the use of machines or cleaning agents. As the percentage of other nationalities among the jobseekers in this sector is high, these requirements do not demonstrate a tendency toward hidden discrimination. Labour Market The AOB cannot agree with this argumentation. The equal treatment law prohibits discrimination due to ethnic origin. Therefore, job listings must use non-discriminatory standards. Restrictions are possible only if the characteristic in question is an essential prerequisite for the type of work. In accordance with the rulings of the European Court of Justice, only those language skills may be required that are actually necessary for the concrete job. Excessive language requirements represent indirect ethnic discrimination, as they penalise persons whose native language is not German. Around 1.4 million people with an immigrant background are living in Austria today. The foreign nationals living in Austria have a significantly different educational profile than the native population. Foreign nationals are disproportionately represented both in the highest and the lowest levels of education, while higher than average numbers of Austrian citizens have a mid-level educational background of apprenticeship and vocational school training. Job listings must Service deems requirement justified be non-discriminating 47