Discrimination explained
Discrimination refers to the unequal treatment of a person on the basis of one or more characteristics protected by the General Equal Treatment Act (AGG).
Principles and definitions
The General Equal Treatment Act (AGG) lists the protected grounds of discrimination and defines the various forms of discrimination in detail. This has been implemented at LMU in the guideline for the prevention, protection against and handling of cases of discrimination, harassment, sexual harassment and sexualized violence at LMU.
Discrimination
Discrimination refers to the unequal treatment of a person on the basis of one or more protected characteristics. In particular, discrimination occurs when this unequal treatment results in a direct or indirect disadvantage. This can take the form of degradation, stigmatization, harassment, sexualized harassment or sexualized violence as well as direct or indirect exclusion and can relate to the following characteristics:
- Ethnic origin
- Gender and gender attributions
- Age
- Disregard or devaluation of physical/mental performance or appearance due to an impairment
- Religion and worldview
- Sexual identity and/or orientation
The decisive factor for classifying an action as discrimination is not the intention of the action, but the effect of the behavior on the person concerned and an important basis for the understanding of discrimination, which is laid down in the General Equal Treatment Act (AGG).
Harassment
Harassment takes place when unwanted conduct in connection with any of the grounds referred to in § 1 AGG takes place with the purpose or effect of violating the dignity of the person concerned. This is particularly the case where an intimidating, hostile, degrading, humiliating or offensive environment is created.
Sexual harassment and Sexual Assault
Sexual harassment pursuant to § 3 para. 4 AGG takes place when unwanted conduct of a sexual nature takes place with the purpose or effect of violating the dignity of the person concerned, in particular where it creates an intimidating, hostile, degrading, humiliating or offensive environment. It also includes, e.g., unwanted sexual acts and solicitation of such acts, physical contact of a sexual nature, remarks with sexual content, as well as the unwanted showing or public exhibition of pornographic images. Sexual assault is defined in § 177 StGB [German Criminal Code].
Sexual harassment and sexual assault may take many forms. These include, but are not limited to:
- Photographic images with sexual or sexist content
- Verbal comments with sexual or sexist content
- Sexist or sexually explicit advertising
- Sexist or sexual communication of any kind, such as sexually motivated staring, derogatory gender stereotypes, sexually degrading language
- Unwanted or unnecessary physical contact
- Unwanted sexual advances of any kind
- Sexually motivated actions constituting a criminal offense, such as coercion, stalking, and the use of mental and/or physical abuse
Further information
Further information on the concept of discrimination, the LMU's anti-discrimination guidelines and a database of the Federal Anti-Discrimination Agency and the Bavarian State Government with external contact and advice centers can be found on the following pages.