Discrimination on the Basis of Gender

Discrimination on the basis of gender is a negative assessment of a person or unfair treatment of that person on the basis of their gender, including unjustifiably different treatment of women and men. Discrimination on the grounds of gender also covers discrimination on grounds of gender reassignment and pregnancy-based discrimination.

The prohibition of discrimination on grounds of sex applies to all areas of public law and to areas such as:

• employment (including selection criteria for recruitment and recruitment itself, working conditions, remuneration, promotion, termination of employment);
• carrying out a scientific activity;
• education;
• vocational training (including upskilling);
• protection of the rights of the child;
• social security;
• receiving legal aid;
• protection of rights and legitimate interests;
• advertising.

In employment relationships, differential treatment on the basis of the gender of an employee is permissible only if membership of a particular gender is an objective and justified precondition for the performance of the relevant work or the relevant occupation.

Example: Men are being recruited to model men’s clothing. However, if it is stated that only persons over 180 centimetres will be recruited, the majority of women will be excluded from the circle of candidates without a legal basis.