277. A woman who has a two-year-old child applies for a job in Germany. What is an example of discrimination? She does not get the job only because she …

Answer options

1. does not speak English.
2. has salary expectations that are too high.
3. has no experience in this profession.
4. is a mother.

Explanation

Adverse treatment on account of motherhood constitutes direct sex discrimination under Article 3(2)–(3) of the Basic Law and sections 1 and 7 of the General Equal Treatment Act (AGG), and is equally prohibited by EU law (Directive 2006/54/EC; CJEU, C‑177/88 – Dekker). Article 6(4) of the Basic Law and the Maternity Protection Act provide special protection for mothers at work, complemented by the Parental Allowance and Parental Leave Act (BEEG). By contrast, lack of language skills, excessive salary demands, or insufficient professional experience are objective, performance-related criteria if applied proportionately and without discriminatory intent or effect. The constitutional evolution from the 1949 equality clause to the 1994 promotion clause underscores the state’s duty to realize de facto equality in the labor market.