2015-05-07

Discrimination handling in Germany (8)

Section 7: Examples

Section 7.1: The case of my company

My company has a company code about discrimination (discrimination is not allowed). We can submit a problem to the company and we have information how to submit the problem.

When I was in an interview they did not ask my nationality, but they asked for a permit to work in Germany which is the offered working place.

Section 7.2: Works council involvement

It heavily depends on the situation, but in general discrimination is a crime. The citizen is normally obliged to report the crime to the police.

There was a case where a works council had to choose whether to protect an employee who insulted others, reported by Spiegel online: Verfahren zur Amtsenthebung: Daimler-Betriebsratsmitglied applaudiert Pariser Attentätern (Impeachment: Daimler-works-council member applauds Paris terrorists) [1]. The person posted ``Jeder Mensch zahlt für seine Taten! Fuck Charlie Hebdo (Everyone pays for their actions! Fuck Charlie Hebdo)'', and was removed from his position in the works council for this action.

Section 7.3: Example of discrimination cases

In a job interview, it is illegal to ask questions about gender, pregnancy, age, nationality, family, disability, etc. (similar to US's Equal employment opportunity commission [2]). The equality opportunity officer must stop these questions [3]. It is common for companies to ask a member of the works council to participate in job interview to protect the applicant from illegal questions. This also protects the company from complaints by the applicant.

References

  1. Spiegel online, Verfahren zur Amtsenthebung: Daimler-Betriebsratsmitglied applaudiert Pariser Attentätern (Impeachment: Daimler-works-council member applauds Paris terrorists, http://www.spiegel.de/wirtschaft/unternehmen/charlie-hebdo-schmaehung-daimler-betriebsrat-droht-amtsenthebung-a-1014702.html, 2015-1-23(Fri), (Online; accessed 2015-4-2(Thu))
  2. Wikipedia en, Equal Employment Opportunity Commission, https://en.wikipedia.org/wiki/Equal_Employment_Opportunity_Commission, (Online; accessed 2015-4-2(Thu))
  3. test.de, Bundesarbeitsgericht: Schwangerschaft darf geheim bleiben, https://www.test.de/Bundesarbeitsgericht-Schwangerschaft-darf-geheim-bleiben-1082989-0/, (Online; accessed 2015-4-3(Fri)

 

Acknowledgements

I thank the following people for helping with this article: Daniel S., KKMR.

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