§ 8 AGG

Othello

According to § 8 para. 1 AGG different treatment because of a permissible ground of discrimination specified in the law is allowed when the reason of discrimination due to the exercised type of activity or the conditions of its exercise constitutes a genuine and determining occupational requirement, provided that the purpose is legitimate and the requirement is proportionate. It must be so that all requirements are met to justify a difference in treatment.

This means for example, that in filling vacancies for the role of Othello, an African male opera singer may be preferred in the selection, because this is needed for the role and thus constitutes a genuine and determining occupational requirement. However, if the position of an African chef is offered, the skin color or origin here can not constitute a professional requirement, because the cooking of African specialties can be learned by anyone.

When the reason of discrimination is related to the nature of the activity or the conditions of its practice, it constitutes a "substantial" and "significant" occupational requirement and when the purpose is "lawful" and the request is "reasonable", it must be left to the Court to check each individual case to provide clarification.

© Büro zur Umsetzung von Gleichbehandlung e.V. 2011