When is discrimination considered unfair treatment?

According to the AGG, “any form of less favorable treatment … constitutes disadvantage. It does not matter whether the disadvantage is intentional or motivated by malice. What is decisive is the adverse effect that the unequal treatment has on those affected”
(see Federal Anti-Discrimination Agency [June 18, 2026]).

A distinction is made between indirect and direct discrimination . Direct discrimination encompasses any form of disparagement, exclusion, or impermissible unequal treatment of individuals or groups based on actual or attributed group-specific characteristics. Indirect discrimination occurs when seemingly neutral rules, criteria, or procedures may disadvantage certain individuals in a particular way compared to others on the basis of an actual or attributed characteristic. However, under the AGG, discrimination based on protected characteristics may be objectively justified. In such cases, it does not constitute discrimination. Additionally, not only the act of discrimination itself but also the instruction to discriminate is considered discrimination.

The Federal Anti-Discrimination Agency and other institutions identify the following forms of disadvantage under the AGG:“Harassment consists of unwanted conduct that intimidates, insults, or humiliates a person on the basis of a characteristic protected under the AGG and creates or is intended to create a hostile environment. Harassment can be part of a bullying context. A specific form of harassment is sexual harassment, which is caused by unwanted sexually oriented behavior. Such behavior ranges from inappropriate sexual innuendo, staring, and lewd remarks to the distribution of pornographic material and sexualized physical assaults. Sexual harassment violates the dignity of the affected person. “The decisive factor here is not whether the violation of dignity was intentional” (ibid.).

Discrimination manifests itself in various ways—for example, through:

• visual depictions and verbal discriminatory statements, such as racist or anti-Semitic slurs or deepfakes
• any form of communication that has an intimidating effect, such as sexually motivated staring, derogatory stereotypical depictions, demeaning language,
• unwanted physical contact or unwanted sexual advances, as well as actions that constitute criminal offenses, such as coercion, stalking, and the use of psychological or physical violence.
• Any form of violence directed against individuals based on protected characteristics.

What are the consequences of discrimination?

People affected by discrimination suffer physical and/or psychological harm, which erodes their fundamental trust in organizations and society. Not only are the individuals themselves harmed, but so are those around them and society as a whole.

Harm to People Who Are Discriminated Against

• Illness: Those affected may develop depression, anxiety disorders, or heart problems.
• Social withdrawal: People who are discriminated against may withdraw from others and feel lonely and helpless.
• Reduced opportunities for participation: Equal achievements are evaluated differently, skills are underutilized, and the potential of those affected goes unrecognized.

Harm to the university

• People no longer talk to one another, and professional exchange takes place only to a limited extent. As a result, work outcomes suffer, and performance declines.
• Staff turnover increases; new staff must be repeatedly selected, hired, and trained. This also takes a toll on other staff members who must take on additional responsibilities. Knowledge is also lost.
• If discrimination goes unpunished, those affected feel they are being treated unfairly, and psychological safety is lost. Self-interest takes center stage. Belittling and even hatred become “normalized.”