Germany — employment-law duties for AI hiring (works council, BDSG § 26, AGG)
What it asks of employers
- Involve the works council before you introduce AI hiring. Before you introduce an AI screening tool, inform and consult your works council in good time, and observe its co-determination rights — over selection guidelines drawn up with AI, and over technology that can monitor performance or behaviour; the works council may bring in an expert to assess the AI.
- Don't use AI that discriminates under the AGG. You may not use AI in recruiting or hiring in a way that discriminates against a protected group under the AGG (race or ethnic origin, sex, religion or belief, disability, age, or sexual identity), including in job advertisements; review Amp's bias-test and audit evidence before and while you use the tool.
- Handle applicant data on a valid employment basis. Process applicant data only where it's necessary for the hiring decision, give candidates the required information, and follow any works agreement that governs how employee and applicant data is processed.
What Amp does
- Amp bias-tests scoring and applies it consistently. Amp regularly tests candidate scoring for bias across demographic groups (by race and sex) and uses the same job-related scoring for every candidate — evidence of the tool's effect that supports your AGG non-discrimination review and the works council's assessment. Amp's bias test covers race and sex; other AGG grounds such as disability, age, or religion remain your own assessment.
- Documentation the works council can review. Amp provides a tamper-evident package documenting how the screening tool works — its purpose, the data it uses, its known limits, how it's monitored, and the human review around it — which you can give the works council for its consultation and any expert it brings in.