Age, gender, hair color, or origin: colleagues do not know any mercy with their taunts.
For Johannes Schipp, this is a clear case of discrimination. “Because the wording indicates that applications from older employees have no chance,” explains the lawyer who works in the labor law working group of the German Lawyers’ Association (DAV)
When applying, the distinction between unsuitability and discrimination is not always obvious. The lawyer Micha Klapp, who works for the federal board of the German Trade Union Federation (DGB), gives an example: Two lawyers apply for a position that requires an above-average state examination.
One of the two women gets the job. The unsuccessful applicant, however, has a better state examination than the woman who receives the job offer. Because the loser has a name that sounds Turkish, she feels discriminated against and is considering suing.
Seek support in case of complaints
Such a situation can but does not have to be, an indication of discrimination. “If the rejected job applicant can give evidence that suggests discrimination, then it is up to the employer to prove the opposite,” said Klapp. Anyone considering such a step should seek support.
“A general distinction is made between direct and indirect discrimination,” explains Bernhard Franke, acting head of the Federal Anti-Discrimination Agency. According to the General Equal Treatment Act (AGG), both are prohibited.
Even supposedly harmless criteria can be a problem
The same applies to the harassment of a person due to their gender, religious affiliation, worldview, disability, age, and sexual orientation.
Immediate, i.e. direct, discrimination occurs when one person is worse off than another. “For example, a company doesn’t want to promote a woman because she could get pregnant,” says Franke.
Indirect, i.e. indirect, discrimination is when apparently neutral criteria disadvantage certain people.
Companies have to create contact points
Example: A position in the nursing home is to be filled as a kitchen helper. The prerequisite is that all applicants complete a German test, although knowledge of German is not necessary for the job – according to Franke, this requirement discriminates against migrants.
Discrimination can also come from colleagues. Someone makes fun of someone else’s homosexuality. Or makes suggestive sayings about the appearance of colleagues. “Nobody has to accept such and other sayings in the workplace, regardless of legal consequences,” emphasizes Micha Klapp.
In addition, according to the AGG, companies are obliged to name persons or to set up offices within the company to ensure that employees are treated equally. That could be the works council. Or busy people contact the boss directly.
Show protest and refuse to work
However, there are times when employers do not provide adequate support to victims of discrimination. “In such a case, employees have the right to refuse to work,” says Schipp. This is an option if there is clear evidence of the discrimination – otherwise, there is a risk of dismissal.
Another option may be to sue the employer. If the lawsuit is successful, the plaintiff is entitled to compensation. Those affected should seek advice from a trade union or a lawyer.
