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Legal basis
The obligation of equal treatment and the prohibition of discrimination are enshrined in the German Basic Law which serves as its constitution:
Article 3 German Basic Law
- All people are equal before the law.
- Men and women are equal. The State shall promote the effective implementation of equal rights for women and men and shall work towards the elimination of existing disadvantages.
- No one may be discriminated against or favored on account of their sex, ancestry, race, language, home and origin, beliefs, religious or political opinions. No one may be discriminated against because of their disability.
On the basis of four EU directives, the General Equal Treatment Act (GETA) creates the basis for claims under private law to defend against and sanction discriminatory acts to the detriment of individuals.
§ 1 GETA
The aim of the Act is to prevent or eliminate discrimination on the grounds of racial or ethnic origin, gender, religion or belief, disability, age or sexual identity.
The full text of the GETA can be found here and in the Notice Acts. The General Equal Treatment Act (GETA) is the first German law providing for comprehensive protection against discrimination and aims, in particular, at protecting against discrimination in the workplace. The most important contents of this law are summarized here. In colloquial language it is also known as the “Anti-Diskriminierungsgesetz”. Yes, here you have yourself another amusing compound word!
Discrimination and grounds of discrimination
No one should be treated less favorably than another person in a comparable situation on the ground of discrimination. You may not discriminate against, harass, sexually harass or instruct people to behave in any of these ways on the basis of any criterion of discrimination.
The picture below shows which discriminatory characteristics within the meaning of the GETA are personal characteristics and their manifestation. Go ahead and run your mouse over the cards to see what they entail.
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