According to the AGG, discrimination is the disadvantageous treatment or unequal treatment of people on the basis of the following characteristics: racial attributes, gender, religion and belief, disability, age or sexual identity. Discrimination can consequently lead to violations of dignity, exclusion or even harassment.
Forms of discrimination
Discrimination at the university may arise directly through the actions of individuals, such as teaching staff, lecturers, fellow students, administrative staff or colleagues. However, structural practices – for example, in the form of administrative regulations – may also lead to discrimination indirectly. The decisive factor in determining whether discrimination has taken place is the outcome of the actions of third parties, not their motive (intention, thoughtlessness, etc.).
Objective reason
Where there are objective reasons, unequal treatment is not regarded as discrimination with the corresponding legal consequences. An objective reason exists, for example, in the provision of women’s taxis, which were introduced to increase women’s sense of safety during night-time journeys and to protect them from assault. Men cannot use women’s taxis. In this case, the objective reason cited justifies different treatment of men and women when using a women’s taxi.
