mittelbare Diskriminierung

Definition: Mittelbare Diskriminierung (indirect discrimination) is a legal concept referring to the unequal treatment of individuals or groups, which occurs when a seemingly neutral requirement, condition, or practice disproportionately affects certain individuals based on protected characteristics such as gender, race, age, or disability.

Mittelbare Diskriminierung can arise in various aspects of social and economic life, particularly in employment, housing, and access to goods and services. For instance, a company's requirement that all employees must have a certain level of physical fitness for a particular job may exclude a disproportionate number of women due to physiological differences. Similarly, a marketing campaign targeting a specific age group might inadvertently disadvantage older individuals who do not fall within the targeted age range.

Under German law, mittelbare Diskriminierung is governed by the Allgemeines Gleichbehandlungsgesetz (General Equal Treatment Act), which transposes European Union directives aimed at combating discrimination into national legislation. This legislation prohibits both direct and indirect forms of discrimination, providing a framework for protecting individuals against unfair treatment based on protected characteristics.

To establish a case of mittelbare Diskriminierung, individuals or groups must demonstrate that a seemingly neutral requirement or practice has a disparate impact on a particular protected characteristic. They must also prove that the requirement or practice is not justified on objective grounds and that alternative measures with a less discriminatory effect are available.

In recent years, courts have increasingly recognized the significance of mittelbare Diskriminierung, emphasizing the need to consider the broader context and effects of apparently neutral policies or practices. This approach ensures that equality is upheld and that all individuals, irrespective of their characteristics, can fully participate in social, economic, and professional spheres.

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