The Onus of Proof

Normally, anyone who claims an infringement must provide full evidence by means of documents, witnesses, etc. The AGG provides for a simplification of the evidence: If you can make a factual situation believable that discrimination has taken place, the opposing party must prove that no discrimination has happened.

How do I demonstrate an act of discrimination? You can find hints on your options in the box on the right side.

How do I demonstrate an act of discrimination?

The demonstration of conclusive evidence is not always easy. There are various procedures. Counselling centres may advise the person concerned about the so-named Situation Test. With this test it can be evidenced as to whether a person with certain characteristics (such as nationality or skin colour) has been more adversely treated than another person who doesn’t exhibit these characteristics. This succeeds when, for example, after an unsuccessful telephone attempt by a person with a foreign-sounding surname to enquire about the availability of a rental property, a repeat test call is made by another person with a German-sounding name, who is then told that the property is available. In order to be able to legally demonstrate the act of discrimination it is important to plan the test exactly (for example comparison of the test person independent of discriminatory characteristics, repeatability of the test situation) and to record it.