Indirect Discrimination
Section 3(2) AGG - apparently neutral rule with discriminatory effect
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
Indirect discrimination occurs when an apparently neutral provision, criterion, or practice statistically disadvantages a group protected under Section 1 AGG - and this effect is not justified by an objective reason.
What is Indirect Discrimination?
Examples:
- Minimum height of 1.75 m for police service (indirectly discriminating against women)
- 'Full-time only' clause (indirectly affecting women)
- C1 language test for a cleaning job (indirectly affecting migrants)
- AI recruiting biased on CV format (indirectly affecting younger applicants)
Practical example
Minimum height 1.75 m: 95% of men meet it, 35% of women. Indirect discrimination - objective justification required (rarely available).
Frequently asked questions
When is it justified?
Legitimate aim + proportionate means. Very narrow interpretation by the Federal Labor Court (BAG).
Statistical threshold?
Federal Labor Court (BAG): 'substantial' disadvantage - typically >5-10% difference.