Important terms – an Introduction
Discrimination means differentiation or different treatment. The term 'discrimination' is, however, understood as the unjustifiable unequal treatment of a person. That means: for some differences in treatment (forms of discrimination) there is a factual basis for vindication, and not for others (see also below “Permissible unequal treatment”)". For example, train- or bus ticket costs are reduced for older people, because one assumes that older people, as pensioners, have less money than others. This is not to be considered as 'discrimination'; experts would, at most, speak of 'positive discrimination'. If, however, Nadirah El Kourai has to pay higher insurance rates for her car simply because she is of Moroccan origin, this is discrimination in its negative sense, as the unequal treatment isn't justifiable on a factual basis. The General Equal Treatment Act (AGG) rules as to when an act of discrimination exists in this sense, and what relevant legal protection can be employed. Moreover, though, there are disadvantages that are unjust or discriminatory, but that are not covered by the provisions of the AGG. Examples include discrimination in public schools or public administration.
By means of the following links you can find out
How should I behave when I am being discriminated against?
Keep calm and level-headed!
- Don’t allow yourself to be provoked
- Ascertain whether there are witnesses
- Write down exactly what happened
Demand Your Rights Immediately!
- What claims am I entitled to make?
The lodgement of the Lawsuit
- Avail yourself of legal advice
- Organise support
You will find the General Equal Treatment Act (AGG) translated in English here