It is forbidden to discriminate in employment and occupation the basis of
- gender
- disability
- age
- race and ethnic origin
- religion and world view
- sexual identity.
This is a comprehensive prohibition of discrimination in order to eliminate and prevent future direct and indirect disadvantages for the reasons mentioned.
Discrimination on the basis of gender
As is the case with § 611 of civil code (BGB) the Act prohibits discrimination on the basis of gender. This Act also protects transsexuals and intersexuals against discrimination in employment related matters and establishes a legal basis to preclude discrimination on the basis of pregnancy, maternity or paternity.
Discrimination on the basis of disability
The term „disability“ covers all forms of disability. The provisions of the Act are thus not limited to the concept of severity.
The General Equal Treatment Act does not concern the granting of special rights or benefits which the (severely) disabled worker of applicant can claim. Rather, it provides for the prevention of discrimination and harassment due to physical or mental impairment.
Discrimination on the basis of age
The term „age“ means the age of life in general, that is, every age.
Discrimination on the basis of race and ethnic origin
The term "race" is defined by the anti-racism directive. A definition is not possible because there are no human races. Ultimately, this term is intended to cover any racial or xenophobic discrimination, that is, any action directed against persons who are perceived as alien, different or not, for example, because of their skin colour, their eye shape or the nature of their hair.
The term "ethnic origin" means belonging to a specific cultural group - a particular community - the distinguishing features being non-hereditary. The mere nationality is not covered by the characteristics of ethnic origin.
Discrimination on the basis of religion and world view
The term „religion“ encompasses any religious, denominational avowal and affiliation with a church of religious community.
The term „world view“ is limited to inner-world references, meaning though-based systems which place world events in a greater context, without any reference to a God, the hereafter or anything outside the temporal world.
Discrimination on the basis of sexual identity
The concept of "sexual identity" includes homosexual men and women as well as bisexual and intersexed persons. Sexual disorders, however, are not covered by criminal law.