How to appeal against job application rejection

Hello,

I come from Iran and have been living in Köln since 2021. I applied for a position at the University of Köln in February 2025. After an interview in March, I received a job offer from the university in May, confirming that I had been accepted. I signed the offer and sent them all the requested documents. Now, after more than a month, they have gotten back to me and rejected me. I asked for the reason, and this is what they told me:

unsere Prüfung hat ergeben, dass aufgrund der aktuellen Sanktionen der Europäischen Union gegen den Iran eine Embargoprüfung erforderlich ist. Diese Prüfung wird beim Bundesamt für Wirtschaft und Ausfuhrkontrolle in Auftrag gegeben und das Ergebnis entscheidet darüber, ob wir Sie einstellen dürfen oder nicht.

Da die vakante Stelle zügig besetzt werden muss, die Embargoprüfung beim BAFA jedoch mitunter bis zu einem Jahr dauert, müssen wir leider von Ihre Einstellung absehen.

After this explanation, I called the BAFA and explained the situation to them. They told me there's no need for an "Embargoprüfung" in my case, and the university could call them to clarify this if necessary. I explained this to the university, and also sent them BAFA's phone number. But all they responded in return was:

ich bedaure aber leider können wir Ihnen keine positive Rückmeldung geben.

To me, this doesn't sound like a response at all, and I refuse to accept this explanation unless they provide me with a real reason. What's more, I really feel discriminated against by this kind of rejection and lack of explanation! So now my question is: How should I proceed in this situation? How can I (legally, if necessary) appeal this decision and request an explanation?

I appreciate your help in advance!

4 Comments

Reply (4)

Eren__(support)

Dear @NyctoManiac

First of all, I would like to express my condolences for the situation you are facing.

It is quite important to proceed with professional legal assistance in this case, as it involves various aspects of public law.

Regarding your rights related to discrimination in employment, our colleagues from Faire Integration may be able to provide you with advice on the steps to be taken. I am tagging them in this post:

@Faire__Integration_in_Schleswig-Holstein
@Faire__Integration_BB

For the other matters, it would be advisable to consult a lawyer.

I hope this has been helpful!

Faire__Integration_in_Schleswig-Holstein

Hello @NyctoManiac ,

Thank you for your inquiry.

First of all, in Germany we have the General Equal Treatment Act (Allgemeines Gleichbehandlungsgesetz, AGG). It is a law that aims to prevent discrimination. It ensures that people are treated fairly and equally in areas such as employment, education, and access to goods and services. The law protects against discrimination based on factors such as race, gender, age, religion, disability, or sexual orientation. Its goal is to promote equal opportunities and prevent unfair treatment.

The AGG ensures that all applicants are treated fairly and equally. This means that employers are not allowed to disadvantage applicants based on the traits mentioned above. The goal is to promote equal opportunities and prevent discrimination during the hiring process.

We can't judge whether the decision of the University of Cologne falls under this law. However, you should definitely have it checked. Contact a counseling center or a lawyer in your federal state who specializes in the AGG as soon as possible. We can recommend the Anti-Racism Information Centre in Duisburg (https://www.aric-nrw.de/). Please be aware that you only have two months from the date of rejection to take legal action.

Best regards,
Assal

(FI Schleswig-Holstein)

NyctoManiac

Updated:

Hello Assal,

Thank you very much for your advice. I will contact the ARIC tomorrow. I also have an appointment with the Gleichstellungsbeauftragte at the University of Cologne tomorrow to discuss the matter.

Do you think the university could claim that such an Embargoprüfung is necessary despite BAFA having clearly said that it's not? For example, I heard from a friend that some jobs involving security-related tasks or collaborations with the military could make this kind of background check a necessity. My job involves some degree of cybersecurity, but as far as I know, there is no clear indication of potential collaboration with the military.

Faire__Integration_in_Schleswig-Holstein

Updated:

Hello @NyctoManiac ,

Unfortunately, I'm unable to provide a definitive answer in this regard. However, I would recommend obtaining a written confirmation from BAFA stating that an inspection is not required in your case.

I wish you all the best.

Best regards,

Assal

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