
The six types of unequal treatment
In the following, you will find out which forms of discrimination based on a discriminatory ground are protected against under the Equal Treatment Act.
Direct discrimination occurs when a person is treated less favorably than another person in a comparable situation on the basis of one of the six types of discrimination. .
Indirect discrimination occurs where an apparently neutral provision, criterion or practice is liable to put an individual at a particular disadvantage compared with others on the basis of one of the six means of discrimination. However, when such regulations/criteria/procedures are objectively justified by a legitimate aim and the means to achieve the aim are appropriate and necessary, an individual cannot claim discrimination.
Harassment is defined as the violation of dignity by unwanted conduct as defined in Parts I to IV, in particular by creating an intimidating, hostile, degrading, humiliating and offensive environment.
The discriminatory behavior must additionally be sexually determined, which includes e.g.
- unwanted sexual acts and requests
- physical contact aimed at sexual engagement
- remarks of a sexual nature, and
- unwanted demonstration and visible affixing of pornographic images
An instruction to discriminate occurs when someone instructs another person to behave in a manner that discriminates or may discriminate against an employee on the basis of one the six types of discrimination. Such instruction must be intentional. The person giving the instruction does not have to be aware that it is unlawful. It is irrelevant whether the instruction is actually implemented.
Such unequal treatment occurs whenever a person is subject to discrimination due to proximity to another person, who in turn is discriminated against themselves. In these cases, both are discriminated against; one discrimination provides the basis due to which the other is discriminated against.
The former can claim direct discrimination on the grounds of ethnicity.
The latter can claim discrimination on the basis of a close relationship with a person due to their ethnicity.
Watch-Party
Session wird geladen ...
Viewer: 0
/1b437abb-20d7-48a8-b12c-0e1dc964aa2a.jpg.429x142_q85_box-0%2C140%2C429%2C282_crop_detail.jpg)