289. A man with dark skin applies for a job as a waiter in a restaurant in Germany. Which is an example of discrimination? He does not get the job solely because …

Answer options

1. his German language skills are insufficient.
2. his salary expectations are too high.
3. he has dark skin.
4. he has no experience in the occupation.

Explanation

Refusal solely because of dark skin constitutes direct discrimination under § 3(1) of the General Equal Treatment Act (AGG) and violates Article 3(3) sentence 1 of the Basic Law, which prohibits discrimination inter alia on grounds of “race” or ethnic origin. The prohibition of discrimination in employment is grounded in EU Directives 2000/43/EC and 2000/78/EC and is operationalized by the AGG. By contrast, insufficient language proficiency, lack of experience, or excessive salary expectations are legitimate, job-related criteria if applied neutrally and proportionately. Such a violation may trigger claims to compensation and damages (§§ 15, 22 AGG) and engages the employer’s duties to prevent discrimination (§ 12 AGG).