Audi AG can continue to communicate in a gender-sensitive manner without restrictions. And also against a VW manager who defended himself against emails with a gender gap. Gender gap is an underscore between the masculine form of a word and the feminine ending, such as “boss” or “employee”.
The Ingolstadt District Court has now dismissed the injunction action brought by VW manager Alexander B. Even before the verdict was announced, however, the court had emphasized that the decision only affected the specific, plaintiff VW manager.
Plaintiff sees personal rights violated – judge disagrees
The employee of the parent company VW, who has to work with Audi colleagues, had sued the Ingolstadt car manufacturer for an injunction. The plaintiff sees his general personal rights violated by Audi’s gender guidelines (Az. 83 O 1394/21).
The presiding judge Christoph Hellerbrand emphasized that the VW employee is not obliged to actively use the guide because it is only aimed at Audi employees. The passive concern of the plaintiff was not enough for the court. There is no right for him “to be left alone,” said Hellerbrand.
Plaintiff’s lawyer: Client is “undoubtedly against discrimination”
Plaintiff’s attorney Dirk Giesen, on the other hand, had emphasized that his client was “undoubtedly in favor of equal rights and against discrimination”. However, “the use of gender language prescribed in the guidelines leads to new discrimination and violates the general right of personality” of his client, specifically in the form of gender identity. This violation already happens when his “client has to read the gender-sensitive formulations”.
Plaintiff considers appeal
The plaintiff announced that he now wants to review the verdict with his lawyers. “I explicitly do not rule out that there are further steps,” he said of possible legal remedies. If he appeals, the Munich Higher Regional Court would have to deal with the case again.
The plaintiff also said that regardless of the legal process, he would like there to be a discussion about the correct forms of gender. He rejects the gender specifications used at Audi because they lead to new injustice. “That can’t be the last word.” He also emphasized that gender language must also be readable.
Audi: sign for equality
The carmaker issued a company policy on gender language in 2021. “From now on, Audi would like to make gender-sensitive formulations ubiquitous in internal and external written Audi communication,” the company justified the step in March 2021. This is a sign of equality and should better reflect gender diversity.
Oral proceedings had previously failed
At the oral hearing in June, an amicable agreement between the parties failed. The lawyers for Audi AG refused to remove the gender forms from all emails to the VW process manager and the accompanying attachments. They said this was impractical.
The process attracted nationwide attention because there are also guidelines for the use of gender-sensitive language in other companies.