Direct discrimination occurs when one person is treated less favorably than another in a comparable situation on the basis of one of the five means of discrimination the GETA protects against. 

Indirect discrimination occurs where an apparently neutral provision, criterion or practice is liable, on the basis of one of the five means of discrimination the GETA protects against, to put an individual at a particular disadvantage compared with others. However, when such rules/criteria/procedures are objectively justified by a legitimate aim and the means of achieving that aim are appropriate and necessary, an individual cannot claim discrimination.

Harassment is defined as the violation of dignity by means of unwanted behavior, in particular by creating an intimidating, hostile, degrading, humiliating or offensive environment. Whether a conduct is undesirable is determined by the point of view of an objective observer. It suffices that an employee must assume, from an objective point of view, that his or her conduct is not desired or not accepted by the person concerned. Thus, merely subjectively perceived harassment by the person concerned does not amount to harassment. However, it is not necessary for harassed individuals to defend themselves or to indicate on their own initiative that they feel harassed by certain conduct.

The discriminatory behavior must be sexually determined, for example

unwanted sexual acts and requests

physical contact aimed at sexual engagement,

comments of a sexual nature, and

unwanted demonstration and visible affixing of pornographic images.

An instruction to discriminate occurs when someone orders another person to behave in a manner that discriminates or may discriminate against an employee on the grounds of a characteristic of discrimination. This instruction must be intentional. The person giving the instruction does not have to be aware that such behavior is unlawful. It is irrelevant whether the instruction is later actually implemented.