Bullying, Harassment and Discrimination
Definitions
There are different circumstances which are called discrimination. The General Act on Equal Treatment (German abbreviation: AGG) does not mention discrimination, but unequal treatment, since not every difference in treatment which entails a disadvantage necessarily has to be discriminating. To a very limited extent, unequal treatment shall be permissible.
It shall be considered as a case of direct (or open) discrimination if a person has been treated less favourably or would be treated less favourably than compared to another person. For instance, this is the case where a woman earns considerably less than her male colleague when doing the same work.
The protection against discrimination of the General Act on Equal Treatment also covers cases of indirect discrimination. These rules are purporting to be neutral, but they place specific persons at a disadvantage on one of the grounds specified in the General Act on Equal Treatment.
For example: According to a wage agreement, part-time employees must not claim certain advantages without a justification on the basis of their working hours. If the vast majority of the part-time staff members at a company are women, this shall be a case of indirect gender-related discrimination.
Any harassment on one of the grounds set forth in the General Act on Equal Treatment shall also be prohibited. Where an unwanted conduct takes place with the effect or purpose of violating the dignity of another person, in particular where it creates an intimidating, hostile, degrading, humiliating or offensive environment, the Act calls it harassment.
Sexual harassment is defined as unwanted conduct of a sexual nature with the purpose or effect of violating the dignity of the person involved. For example: Male employees make suggestive remarks in the presence of a female colleague. Moreover, they also send her e-mails with pornographic content.
Mobbing shall be deemed a form of harassment under the terms of the AGG, when it is motivated by one of the discrimination characteristics stipulated in the Act. Instructing others to discriminate also constitutes a form of discrimination. Thus, the potential victim must not necessarily wait until an act of discrimination has taken place, but instead he or she can already take action against this instruction.
FADA Federal Anti-Discrimination Agency
Different Types of Support at DKFZ
The Equal Opportunities Office provides counselling for all members of staff, regardless of their gender and sex. These consultations are confidential. We are here to support you, but by law, we are not allowed to take any measures.
The AGG-Stelle, however, is obliged to take legal action if they consider it necessary.
Please bear these differences in mind when choosing who to turn to for help. It is, of course, possible to come to us first, and we can advise you on how to continue.
There is the third option to contact an external lawyer protected by the Whistleblower Act "Hinweisgeberschutzgesetz". For more info see here https://www.bundesregierung.de/breg-de/aktuelles/hinweisgeberschutz-2064178
Consultations
We offer confidential consultations on these topics if needed.
Please contact us at equality[at]dkfz.de