Prohibition of Discrimination

Also known as: Ban on discrimination

In German labor law, there is a ban on treating employees differently than other jobseekers or employees when establishing employment relationships or in structuring specific employment relationships because of certain characteristics related to their person.

Legal basis

This labor law prohibition of discrimination is derived in particular from the principle of equality Article 3 of the Basic Law (GG), according to which all people are equal before the law and discriminatory unequal treatment in all areas of life is not permitted.

The General Equal Treatment Act (AGG), which came into force in 2006, created a central legal provision that primarily serves the purpose of preventing discrimination through discrimination in the world of work.

Covered protection areas

It is forbidden to discriminate against people because of their ethnic or racial origin. Likewise, nobody may be discriminated against in terms of labor law because of their religious or political views.

However, expressions of certain extremist views are excluded from this requirement (e.g. Nazi slogans on Internet portals).
Disadvantages related to sexual identity, disabilities and age are also prohibited.

In contrast, unequal treatment related to the respective occupation is not covered by the prohibition of discrimination.

For example, proof of certain qualifications that cannot be achieved by everyone (e.g. degree for teachers, driver's license for bus drivers, foreign language skills for translators) or physical abilities (e.g. suitability for diving for professional divers).

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