Definition of Discrimination

The Impact Is Important!

In all of the following examples, it is not the intention but the impact that is important. That means that even if a statement or an action was not intended to be discriminatory, it can have a damaging effect. Carelessness, ignorance, thoughtlessness, as well as statements and behavior that were considered acceptable in the past can still result in discrimination.

What do we mean by discrimination?

The term discrimination describes the pain that many people experience every day: prejudices, slights, social exclusion, insults, and injuries. In addition to the emotional consequences, this affects the social relationships of people suffering from discrimination and can influence both access to and success in their academic or professional life.

For individuals who are not affected by it themselves, discrimination is often a non-issue. As discrimination has little to do with their own everyday experiences, they do not need to deal with it. If then someone raises the issue, it is often met with a lack of understanding and antagonism.

The university‘s definition of discrimination is based on the same legal understanding as the General Equal Treatment Act (AGG). This definition includes three criteria: Discrimination is the less favorable treatment of a person (1) on the basis of one (or multiple) protected characteristics (2) without objective justification (3).

What Does “Without Objective Justification” Mean?

Something is discriminatory if there is no objective reason for unequal treatment. Conversely, if unequal treatment is objectively justified, this is not considered discrimination.
For example::

• Work load is distributed differently in a team. Some regard this as unfair. If it turned out that comparable skills of individuals were assessed differently due to prejudices and biases based on age or gender, this would constitute discrimination.
• However, if this is due to another reason, e.g. that the distribution of work is demonstrably based on differing skills, work expertise, and experience, the unequal treatment would not be discrimination as defined by the policy.

This example illustrates that it is always essential to justify why there is a difference in treatment – either to draw attention to discrimination or to rule it out.

What Is the Difference between Direct and Indirect Discrimination?

Direct (or immediate) discrimination is when a person is treated differently – and less favorably – than another person in a comparable situation because of one (or more) of the aforementioned characteristics.

For example:

• A staff selection committee decides in favor of a male applicant because they doubt that a better-qualified female applicant with two children, who might potentially want to work part-time, would have the same level of commitment to the job.
• A blind student wants to apply for a doctoral position after successfully completing her master’s degree. The professor in charge advises the student against submitting an application because she does not want to provide the student with a fully accessible workplace.
• A female student is given questions regarding the origin of her parents instead of related to the topic of the oral exam. The examiners question her answers on the examination topic with reference to her supposed migration background and give her a poor grade.

Indirect discrimination often manifests itself in structural or institutional regulations and practices. Decisions are based on provisions, regulations, norms, routines, and practices that apply equally to everyone and seem to be neutral. As soon as the interpretation or application of supposedly neutral regulations and practices results in adverse effects for certain persons or makes it more difficult for them to study or work, this constitutes indirect discrimination.

For example:

• Gender-segregated bathrooms: Due to the prevailing assumption in society that there are only two genders, the corresponding designation of toilets appears to be a “neutral” regulation. This fails to recognize that inter*, trans*, and non-binary persons are disadvantaged on a regular basis because there are no adequate sanitary facilities for them.
• A professor regularly schedules exams on Saturdays. These dates apply equally to all her students. However, one student is unable to take exams on Saturdays due to his religion and another student is unable to take exams on Saturdays due to a lack of childcare. The professor does not offer alternative exam dates.

Sexualized Discrimination and Sexual Assault

The policy uses the term “sexualized discrimination” instead of “sexual harassment” (AGG) to emphasize that the actions and behaviors described are not about sexuality, but about power abuse and sexism. Sexualized discrimination can take the form of words and gestures as well as physical assault. This includes making lewd remarks and jokes, showing and sending sexist images, unwanted physical contact and advances, and criminal offenses such as stalking, sexual coercion, or rape. Sexualized discrimination and sexual assault are forms of gender discrimination. Consequently, discrimination on the basis of gender identity and on the grounds of perceived “atypical” gender behavior or appearance is also included here.