Direct Discrimination
Section 3 (1) AGG — immediate unfavorable treatment
Practitioner's note: This article is practice-oriented compliance documentation, not legal advice. We are a compliance specialist, not a law firm. For legally binding information please consult a licensed lawyer.
TL;DR
Direct discrimination under the Anti-Discrimination Act (AGG) is the unfavorable treatment of a person directly on the basis of one of the characteristics listed in Section 1 AGG. The comparison is drawn with an actual or hypothetical person in a comparable situation.
What is Direct Discrimination?
Characteristics under Section 1 AGG:
- Race / ethnic origin
- Gender
- Religion / belief
- Disability
- Age
- Sexual identity
Practical example
Job advertisement 'for a young team' (age), rejection due to pregnancy (gender), wage differential between Catholics and Muslims (religion) — all constitute direct discrimination.
Frequently asked questions
Burden of proof?
Section 22 AGG: the applicant/employee must prove indicative evidence; the employer must provide full proof of non-discrimination (reversal of burden of proof).
Damages?
Section 15 AGG: appropriate, median EUR 7,500. Higher in cases of intent.