Lawyer discrimination Munich

DISCRIMINATION IS NOT A TRIVIAL OFFENCE

Professional advice and representation by a lawyer

WHAT ALL FALLS UNDER THE CONCEPT OF DISCRIMINATION?

Today, you can feel discriminated against for practically anything. On the one hand, that's not a bad thing, but as a lawyer you also have to look at the legal requirements. These can also change very quickly or be proactively "enforced" with a landmark court judgement. It is therefore important to first clarify what actually constitutes discrimination within the meaning of the law. To put it simply, we can say

Discrimination = unequal treatment BECAUSE of a reason for discrimination WITHOUT a justification

Instead of unequal treatment, the term "disadvantage" can also be used in a generalised way and a justification must be factual and case-related. While these two terms can be very subjective, the list of possible grounds for discrimination must be viewed very objectively - the reason for discrimination must therefore be a generally accepted reason. As a rule, this involves membership of a particular group, primarily groups that represent minorities. Today, widely accepted grounds of discrimination are, for example

• Discrimination on the basis of gender
• Discrimination based on origin or descent (skin colour, nationality, language, ethnic origin, birth)
• Discrimination on the basis of sexual identity
• Discrimination on the basis of age or physical disability
• Discrimination on the basis of religion, belief and ideology
• Discrimination based on political convictions
• Discrimination based on social background and wealth
• Discrimination based on genetic characteristics

As you can see, discrimination can affect practically anyone - in practice, however, it will be difficult to prove discrimination if you are not part of a social minority. You also always have to look closely at the underlying justification. Preferential hiring of migrants for the job advertisement of a migration counselling centre can certainly be seen as objectively justified, as can a maximum age in the job advertisement for a fitness trainer.

Nowadays, the issue of discrimination becomes particularly difficult at the boundaries of freedom of opinion, freedom of the press or freedom of art. Even absolute experts often no longer find it easy to formulate the boundary between a permissible opinion and impermissible discrimination. It becomes even more difficult in the media and artistic field when not only opinion but also elements such as satire or irony are involved. Court decisions are often just as "flexible" here as they are on the subject of "offence" - sometimes one way, sometimes another.

PROBLEMS OF DEALING WITH DISCRIMINATION

Being right and being proved right must be considered in a very special way when it comes to discrimination. This is because discrimination often takes place in places that are characterised by personal interaction. Discrimination in the workplace can be legally remedied, but the disturbed relationship between the parties concerned afterwards makes further co-operation virtually impossible. While in other countries high claims for damages can often be awarded in cases of discrimination, in German courts it is practically always only a matter of eliminating the actual reason for discrimination. However, as mentioned in the example above, you have to think carefully about whether this elimination of the reason really gives you an advantage and is worth the long legal process.

PROBLEMS OF DEALING WITH DISCRIMINATION

Being right and being proved right must be considered in a very special way when it comes to discrimination. This is because discrimination often takes place in places that are characterised by personal interaction. Discrimination in the workplace can be legally remedied, but the disturbed relationship between the parties concerned afterwards makes further co-operation virtually impossible. While in other countries high claims for damages can often be awarded in cases of discrimination, in German courts it is practically always only a matter of eliminating the actual reason for discrimination. However, as mentioned in the example above, you have to think carefully about whether this elimination of the reason really gives you an advantage and is worth the long legal process.

Frequently asked questions about discrimination