ABSTRACT

The chapter focuses on the law on prohibition of discrimination in employment in Germany: the Constitution, the legislation and the case law. It is not meant to provide an account of the empirical situation of discrimination. The basic structure of the German Act on Equal Treatment is sketched. For the sake of illustration, some particularly problematic legal topics are discussed. By way of conclusion, the essential problem of the German legal system is pointed out: the individualisation of court procedure and the lack of possibilities of trade unions and/or anti-discrimination associations to litigate on behalf of victims of discrimination without their involvement.