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Diskriminierung

Everyday language often equates discrimination and disadvantage. However, not every disadvantage is discrimination.

When the General Equal Treatment Act (AGG) came into force in 2006, discrimination was given a comprehensive legal definition: Discrimination is the disadvantaging of people on the basis of a characteristic worthy of protection without objective justification.

The AGG names the following characteristics as worthy of protection:

  • Racial attributions and/or ethnic origin
  • Gender
  • Religion or belief
  • Disability
  • Age
  • Sexual identity

Discrimination is usually not one-dimensional, i.e. not exclusively related to one characteristic, but occurs in complex forms (multidimensional, cf. intersectionality).

The decisive factor for a disadvantage is the result, i.e. not the motive (intention, thoughtlessness, general administrative practice, etc.).

Disadvantages can be direct or indirect. They can result from the actions of individuals, but also from the actions of institutions if they are responsible for discriminatory behaviour or a discriminatory condition. Furthermore, discrimination can also result from linguistic and pictorial representations in the public sphere, such as sexist advertising.

Source: Antidiskriminierungsstelle - Publikationen - Leitfaden "Beratung bei Diskriminierung: erste Schritte und Weitervermittlung" (Guidance on discrimination: first steps and further referral)