General Equal Treatment Act

Original Language Title: Allgemeines Gleichbehandlungsgesetz

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General Equal Treatment Act (AGG)

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AGG

Date of issue: 14.08.2006

Full quote:

" General Equal Treatment Act of 14. August 2006 (BGBl. I p. 1897), most recently by Article 8 of the Law of 3. April 2013 (BGBl. I p. 610) "

:Last modified by Art. 8 G v. 3.4.2013 I 610

For details, see Notes

Footnote

(+ + + Text evidence from: 18.8.2006 + + +)

The G was referred to as Article 1 of the G v. 14.8.2006 I 1897 approved by the Bundestag. It's gem. Art. 4 sentence 1 of this G entered into force on 18.8.2006.

Section 1
General Part

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§ 1 Objective of the law

The aim of the law is to discriminate on the grounds of race or because of ethnic origin, sex, religion or belief, disability, age or sexual orientation. To prevent or eliminate identity. Non-official table of contents

§ 2 Scope of application

(1) Disadvantages of a reason mentioned in § 1 are inadmissible in accordance with this law. in relation to:
1.
the conditions, including selection criteria and setting conditions, for the Access to self-employed and self-employed activity, regardless of the field of activity and professional position, and for career advancement,
2.
Employment and working conditions, including pay and dismissal conditions, in particular in individual and collective agreements and measures in the implementation and termination of an employment relationship, and in the case of career advancement,
3.
access to all forms and all levels of vocational guidance, vocational training, including vocational training, vocational training and vocational training, Training and retraining as well as practical work experience,
4.
membership and participation in an association of employees or employers, or an association of employees. Association whose members belong to a particular professional group, including the use of the services of such associations,
5.
Social protection, including social security and health services,
6.
the social benefits,
7.
the education,
8.
the access to and supply of goods and services that the public including living space.
(2) For benefits according to the Social Code, § 33c of the First Book of the Social Code and § 19a of the Fourth Book of the Social Code shall apply. The occupational pension law applies to occupational retirement provision.(3) This Act shall not affect the validity of any other prohibitions or biases of equal treatment. This also applies to public-law provisions designed to protect certain categories of persons.(4) The provisions relating to general and special protection against dismissal shall apply exclusively to dismissal. Unofficial table of contents

§ 3 Definitions

(1) A direct deprivation occurs when a person is referred to as a person referred to in § 1. The reason for a less favourable treatment is that one person experiences, experienced or experienced a similar situation in a comparable situation. Direct discrimination on grounds of sex lies with regard to § 2 para. 1 no. 1 to 4 even in the case of a less favourable treatment of a woman due to pregnancy or motherhood.(2) indirect deprivation shall be provided if, according to neutral rules, criteria or procedures, persons may be treated in a special manner with respect to other persons in respect of a reason referred to in § 1, unless the person concerned is entitled to rules, criteria or procedures in question are objectively justified by a legitimate aim and the means are appropriate and necessary in order to achieve this objective.(3) harassment is a disadvantage if unwanted conduct related to a reason referred to in § 1 is used for the purpose or effect of violating the dignity of the person concerned and of intimidating, Any hostilities, humiliations, drafts or insults are created.(4) A sexual harassment is a disadvantage with regard to § 2 para. 1 No. 1 to 4 if an unwanted sexually determined behavior, including unwanted sexual acts and calls to these, sexually determined physical Contact, comment of sexual content and undesirable pointing and visible affixing of pornographic representations shall be subject to the purpose or effect of violating the dignity of the person concerned, in particular where a person has Intimidation, hostility, humiliation, humiliation, humiliation, or insults are created.(5) The statement of deprivation of a person from a reason referred to in § 1 shall be deemed to be deprivation. In relation to § 2 (1) (1) to (4), such an instruction shall be in particular where a person determines a person's behaviour at a disadvantage or at a disadvantage to an employee or employee on the grounds of a reason referred to in § 1. can. Non-official table of contents

§ 4 Differential treatment due to multiple reasons

follows different treatment for several of those referred to in § 1 , this difference in treatment may be justified in accordance with § § 8 to 10 and 20 only if the justification extends to all of these reasons for which the different treatment is carried out. Unofficial table of contents

§ 5 Positive measures

The reasons given in § § 8 to 10 as well as in § 20 are different. Treatment shall also be permitted where appropriate and proportionate measures are intended to prevent or compensate for existing disadvantages on account of a reason referred to in paragraph 1.

Section 2
Protection of the Employees before disadvantage

Subsection 1
Prohibition of deprivation

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§ 6 Personal scope

(1) Employees within the meaning of this law are
1.
Workers,
2.
the employees for their VET,
3.
People who are interested in their economic Non-self-employed persons are to be considered as employees-like persons; these also include those employed in home employment and those who are equal to them.
As employees, the applicants also apply for a Employment relationship as well as persons whose employment relationship has ended.(2) Employers (employers and employers) within the meaning of this section are natural and legal persons as well as legally competent partnerships of persons who employ persons referred to in paragraph 1. If employees are transferred to a third party for work performance, they shall also be deemed to be an employer within the meaning of this section. For the employees working at home and the persons who are equal to them, the employer of the adjudicating entity or the intermediate master shall be replaced by the employer.(3) As far as the conditions for access to gainful employment and career advancement are concerned, the provisions of this section shall apply to self-employed persons and members of the organisation, in particular managing directors or managers, and Members of the Council, accordingly. Non-official table of contents

§ 7 Prohibition of deprivation

(1) Employees may not be disadvantaged because of a reason referred to in § 1; this shall also apply where the person who is at a disadvantage only accepts the existence of a reason referred to in § 1 in the event of discrimination.(2) Provisions in agreements which contravene the prohibition of discrimination in paragraph 1 shall be ineffective.(3) A disadvantage as referred to in paragraph 1 by employers or employees is a breach of contractual obligations. Non-official table of contents

§ 8 Permitted different treatment due to professional requirements

(1) Different treatment due to a the reason referred to in paragraph 1 is permissible if this reason constitutes an essential and decisive professional requirement on account of the nature of the activity to be performed or the conditions in which it is to be carried out, provided that the purpose of the exercise is lawful and that the requirement is appropriate.(2) The agreement of a lower remuneration for equal work or work of equal value on the grounds of a reason referred to in § 1 shall not be justified by the fact that special protection provisions apply on account of a reason referred to in § 1. Non-official table of contents

§ 9 Permitted different treatment because of religion or belief

(1) Inrespect of § 8 is a different treatment on grounds of religion or belief in employment by religious communities, the institutions assigned to them irrespective of their legal form or by associations which form the basis of Community law; To maintain a religion or belief, even if a particular religion or belief, in accordance with the self-understanding of the respective religious community or association with regard to it, shall be permitted. The right of self-determination or the type of activity constitutes a justified professional requirement.(2) The prohibition of different treatment on the grounds of religion or belief does not affect the right of the religious communities referred to in paragraph 1, the institutions assigned to them, regardless of their legal form or the law of the Associations which make the community care of a religion or belief a task of being able to require its employees to behave in a loyal and honest way, in the sense of their own self-understanding. Non-official table of contents

§ 10 Permitted different treatment due to age

§ 8 is a different treatment due to age of age, even if it is objectively and reasonably justified and justified by a legitimate aim. The means to achieve this objective must be appropriate and necessary. Such different treatments may include in particular:
1.
special conditions for access to employment and vocational training, and special employment and working conditions, including the conditions for remuneration and termination of employment, in order to ensure that the To promote the integration of young people, older workers and persons with care responsibilities, or to ensure their protection,
2.
the definition of Minimum age, professional experience, or seniority for access to employment or certain benefits associated with employment,
3.
the setting of a maximum age for hiring on the basis of the specific training requirements of a given workplace or due to the need for a Adequate employment time before retirement,
4.
The establishment of age limits in occupational social security schemes as a A condition for the membership or the receipt of old-age pension or invalidity benefits, including the establishment of different age limits in the framework of these schemes for certain employees or groups of employees; and the use of age criteria in these systems for actuarial calculations,
5.
an agreement that will end the Employment relationship without notice at a time when the employee or employees may apply for a pension on the grounds of age; § 41 of the Sixth Book of Social Code remains unaffected,
6.
differentiations of benefits in social plans within the meaning of the "Betriebsverfassungsgesetz", if the parties have a severance-based severance system according to age or service membership in which the opportunities on the labour market, which are significantly dependent on age, have been taken into account by a relatively strong emphasis on the age of life, or employees of the social plan's achievements , which are economically secured because they are entitled, if necessary, after receipt of unemployment benefit.

Subsection 2
Organizational obligations of the Employer

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§ 11 RFQ

A work place must not be found in violation of § 7 para. 1 to be written out. Non-official table of contents

§ 12 Measures and obligations of the employer

(1) The employer is obliged to take the necessary measures to: Protection against disadvantages due to a reason mentioned in § 1 above. This protection also includes preventive measures.(2) The employer shall draw attention to the inadmissibility of such disadvantages in a suitable manner, in particular in the context of vocational education and training, and shall encourage them to refrain from such disadvantages. Where the employer has suitably trained his employees for the purpose of preventing discrimination, this shall be deemed to be the fulfilment of his duties as referred to in paragraph 1.(3) In the case of employees who are in breach of the prohibition of discrimination in § 7 (1), the employer shall take the appropriate, appropriate and appropriate measures in individual cases to prevent discrimination such as warning, implementation, displacement or To take notice.(4) If employees are disadvantaged in the performance of their duties by third parties in accordance with Article 7 (1), the employer shall take the appropriate, appropriate and appropriate measures for the protection of employees in individual cases.(5) This law and § 61b of the Labour Court Act as well as information on the bodies responsible for handling complaints pursuant to § 13 are to be made known in the company or in the office of service. The notice may be made by means of an extension or design at a suitable location or by the use of the information and communication technology customary in the company or in the service.

Subsection 3
employees ' rights

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§ 13 Right of appeal

(1) The employees have the right to participate in the to complain to the competent authorities of the holding, the undertaking or the office if, in connection with their employment relationship, they are concerned by the employer, superiors, other employees or third parties in respect of an employment contract referred to in Article 1 Feel at a disadvantage. The complaint must be examined and the result of the complaint or the employee who has been complain of.(2) The rights of employee representatives shall remain unaffected. Non-official table of contents

§ 14 Performance Denial Law

The employer does not take any action, or manifestly inappropriate, to do so. harassment or sexual harassment in the workplace, the employees concerned shall be entitled to cease their activities without loss of pay, in so far as this is necessary for their protection. Section 273 of the Civil Code remains unaffected. Non-official table of contents

§ 15 Compensation and damages

(1) In the event of a non-deprivation ban, the employer is is obliged to compensate for the damage caused by this. This shall not apply if the employer does not have to represent the breach of duty.(2) Due to a damage which is not property damage, the employee or employees may demand appropriate compensation in money. In the event of non-cessation, the compensation may not exceed three months ' salary if the employee or employees had not been recruit, even in the event of a discrimination-free choice.(3) In the application of collective agreements, the employer shall be obliged to pay compensation only if he or she is acting intentionally or with gross negligence.(4) A claim under paragraph 1 or 2 shall be asserted in writing within a period of two months, unless the collective agreement parties have agreed otherwise. The period shall begin in the event of an application or a career increase, with access to rejection and, in other cases, to a disadvantage at the time when the employee or employees becomes aware of the disadvantage.(5) In addition, claims against the employer arising from other legislation remain unaffected.(6) A breach by the employer of the prohibition of discrimination in respect of Article 7 (1) shall not be justified on the basis of an employment relationship, vocational training relationship or career advancement, unless such a result is obtained is another legal reason. Non-official table of contents

§ 16 Prohibition of measures

(1) The employer shall not be employed by employees on the grounds of the use of rights under this A section or a refusal to execute an instruction which is contrary to this Section shall be penalised. The same applies to persons who support the employee in doing so, or who testicate as witnesses.(2) The refusal or culpation of discriminatory behaviour by persons concerned must not be used as a basis for a decision affecting those employees. The second sentence of paragraph 1 shall apply accordingly.(3) § 22 applies accordingly.

Subsection 4
Supplemental provisions

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§ 17 Social responsibility of the parties concerned

(1) The parties to the collective agreements, employers, employees and their representatives are invited to do so within the scope of their tasks and possibilities for action in the implementation of the provisions of § 1 shall be made.(2) In establishments in which the conditions of § 1 (1), first sentence, of the German Works Constitution Act are fulfilled, in the event of a gross violation by the employer against provisions of this section of the works council or a representative represented in the holding Under the conditions laid down in Section 23 (3) sentence 1 of the German Works Constitution Act, the trade union asserts the rights referred to there by court; Section 23 (3) sentences 2 to 5 of the German Works Constitution Act applies accordingly. The application shall not be subject to the claims of the less-favoured. Non-official table of contents

§ 18 Membership in associations

(1) The provisions of this section apply accordingly to membership or participate in a
1.
Rate Party,
2.
Association, whose members belong to a particular professional group or who hold an outstanding position of power in the economic or social sphere, if a fundamental Interest in the acquisition of membership,
as well as their respective concentrations.(2) If the refusal constitutes a violation of the prohibition of discrimination in § 7 para. 1, there is a right to membership or participation in the associations referred to in paragraph 1.

Section 3
Protection against discrimination in civil law enforcement

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§ 19 Civil legal deprivation of the deprivation of rights

(1) Discrimination on the grounds of racial or ethnic origin, sex, religion, disability, age or sexual identity in the justification, implementation and termination of civil law Debt ratios that
1.
typically do not show the person on comparable terms in a A variety of cases (mass transactions) or where the person's reputation is of subordinated importance in terms of the type of the debt ratio, and which can be achieved on comparable terms in a variety of cases. or
2.
a private insurance to the object,
is not allowed.(2) In addition, discrimination on grounds of race or ethnic origin is also inadmissible on the grounds, implementation and termination of other civil law obligations within the meaning of Article 2 (1) (5) to (8).(3) In the renting of housing, different treatment is provided for the creation and maintenance of socially stable population structures and balanced settlement structures, as well as balanced economic, social and cultural Conditions allowed.(4) The provisions of this Section shall not apply to family and erratic debt obligations.(5) The provisions of this Section shall not apply to civil law obligations which establish a special proximity or relationship of trust between the parties or their dependants. In the case of rental conditions, this may in particular be the case if the parties or their relatives use living space on the same property. The renting of accommodation for temporary use is generally not a business within the meaning of paragraph 1 (1), if the landlord does not rent more than 50 flats in total. Unofficial table of contents

§ 20 Permitted different treatment

(1) A violation of the deprivation ban is not given if: a different treatment on grounds of religion, disability, age, sexual identity or gender is a factual reason. This can be the case, in particular, if the different treatment
1.
the avoidance of danger, the prevention of damage or other purposes of a comparable nature,
2.
The need for protection of the privacy or personal security
3.
Special benefits and lack of interest in the enforcement of equal treatment,
4.
linked to the religion of a person and with regard to the exercise of religious freedom or to the right to self-determination of the religious communities, the associated religious communities Institutions without regard to their legal form and to the associations which make the joint care of a religion a task, is justified in accordance with the relevant self-understanding.
(2) Costs in the context of: with pregnancy and motherhood must not in any case lead to different premiums or benefits. In the case of § 19 (1) no. 2, different treatment on grounds of religion, disability, age or sexual identity shall only be permissible if the latter is based on accepted principles of risk-based calculation, in particular on: an actuarial risk assessment using statistical surveys. Non-official table of contents

§ 21 Claims

(1) The deprivation may be subject to a non-discrimination violation, without prejudice to any other Claim the elimination of impairment. If further impairments are to be provided, he may complain of omission.(2) In the event of a breach of the prohibition of deprivation of discrimination, the disadvantage of the deprivation is to replace the damage caused thereby. This shall not apply if the disadvantage is not to represent the breach of duty. Because of a damage that is not property damage, the disadvantaged can demand adequate compensation in money.(3) Claims from an unauthorised act shall remain unaffected.(4) An agreement which differs from the prohibition on deprivation may not be invoked by the disadvantage of the disadvantage.(5) A claim under paragraphs 1 and 2 must be asserted within a period of two months. After the expiry of the period, the claim can only be asserted if the disadvantage was prevented without fault in compliance with the deadline.

Section 4
legal protection

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§ 22 burden of proof

If in case of dispute the one party proves evidence of discrimination on the basis of an article referred to in § 1 As a result, the other party bears the burden of proof that there has been no breach of the provisions on protection against discrimination. Non-official table of contents

§ 23 Support by anti-discrimination federations

(1) Anti-discrimination associations are staff groups that are not only temporarily, and not only temporarily, in accordance with their statutes, the special interests of disadvantaged persons or groups of persons according to § 1. The powers referred to in paragraphs 2 to 4 shall be conferred upon them if they have at least 75 members or form an association of at least seven associations.(2) Anti-discrimination associations have the power to act as adjudiators in the proceedings as a disadvantage in the context of their sentence for the purpose of judicial proceedings. Moreover, the provisions of the Rules of Procedure, in particular those under which further presentation may be prohibited, shall remain unaffected.(3) Anti-discrimination associations are permitted, within the framework of their statutes, for the provision of legal affairs to the disadvantage of disadvantaged persons.(4) Special rights of appeal and representative powers of associations for the benefit of disabled persons shall remain unaffected.

Section 5
Special arrangements for public service relations

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§ 24 special regulations for public service relationships

The provisions of this law apply , taking into account their specific legal status, for
1.
Officials of the Federal, Länder, communal, municipal and other bodies under the supervision of the federal government or a country, institutions and foundations of public law,
2.
Judges and judges of the federal and state governments,
3.
Civil service providers and recognized Conscientiously objectors, as far as their civil service is concerned.

Section 6
Anti-Discrimination Site

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§ 25 Federal Anti-Discrimination Agency

(1) The Federal Ministry for Family Affairs, Senior Citizens, Women and Youth is without prejudice to the responsibility of the representatives of the German Bundestag or of the Federal Government the body of the Federal Government for protection against discrimination on the grounds of a reason referred to in § 1 (the Federal Anti-Discrimination Agency).(2) The Federal Anti-Discrimination Agency shall be provided with the personnel and equipment necessary for the performance of its duties. In the section of the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth, it is to be shown in its own chapter. Non-official table of contents

Section 26 Legal status of the management of the Federal Anti-Discrimination Agency.

(1) The Federal Minister or the Federal Minister for the family, seniors, women and youth, on a proposal from the federal government, appoint a person to lead the Federal Anti-Discrimination Agency. In accordance with this law, it is subject to a public-law relationship with the Federal Government. It is independent in the performance of its duties and is subject only to the law.(2) The term of office shall begin with the handing out of the document on the appointment by the Federal Minister or the Federal Minister for Family, Senior Citizens, Women and Youth.(3) The terms of office shall end with the exception of death
1.
with the concurring of a new Bundestag,
2.
by the expiry of the term of office with the reaching of the age limit according to § 51 (1) and (2) of the Federal Civil Service Act,
3.
with the dismissal.
The Federal Minister for Family Affairs, Senior Citizens, Women and Youth leaves the Head of the Anti-Discrimination Office of the Federal government at their request or if there are grounds for the dismissal of the service in the case of a judge or a judge for life. In the event of termination of the term of office, the Head of the Federal Anti-Discrimination Agency receives a certificate completed by the Federal Minister or the Federal Minister for Family Affairs, Senior Citizens, Women and Youth. The dismissal shall take effect with the handing out of the certificate.(4) The legal relationship of the management of the Federal Anti-Discrimination Agency with respect to the Federal Government is governed by the contract with the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth. The contract requires the approval of the Federal Government.(5) If a Federal official or a federal official is appointed to lead the Federal Anti-Discrimination Agency, he or she shall leave the office at the beginning of the term of office. For the duration of the term of office, the rights and obligations arising from the civil service relationship shall rest, with the exception of the duty of confidentiality and the prohibition of acceptance of rewards or gifts. In case of accident-injured civil servants, the legal claims to the healing process and an accident compensation remain unaffected. Non-official table of contents

§ 27 Tasks

(1) Any person who considers to have been disadvantaged because of a reason referred to in § 1 may be subject to the following: The Federal Anti-Discrimination Agency shall apply.(2) The Federal Anti-Discrimination Agency shall, in an independent manner, support persons who, in accordance with paragraph 1, apply to them in the enforcement of their rights to protect against disadvantages. In this context, it can in particular
1.
on claims and the possibilities of legal action within the framework
2.
2.
2.
3.
an amicable settlement between the participants.
As far as commissioners of the German Bundestag or the Federal Government are responsible, the The Federal Anti-Discrimination Agency shall immediately apply the concerns of the persons referred to in paragraph 1 with their consent to them.(3) The Federal Anti-Discrimination Agency shall carry out the following tasks in an independent manner, insofar as the responsibility of the representatives of the Federal Government or of the German Bundestag is not affected:
1.
Public Relations,
2.
Measures to prevent disadvantage for the reasons mentioned in § 1,
3.
scientific investigations into these disadvantages.
(4) The Federal Anti-Discrimination Agency and the representatives of the Federal Government and the German Bundestag, which are affected in their area of responsibility, jointly lay down the German Bundestag, every four years, reports on disadvantages for the reasons mentioned in § 1 above and make recommendations for the elimination and avoidance of these disadvantages. They can jointly conduct scientific studies on disadvantages.(5) The Federal Anti-Discrimination Agency and the representatives of the Federal Government and of the German Bundestag, which are affected in their area of responsibility, shall cooperate in the event of disadvantages arising from several of the reasons set out in § 1. Non-official table of contents

§ 28 Powers

(1) The Federal Anti-Discrimination Agency may, in the case of section 27 (2) sentence 2, No. 3, be involved in the Request opinions to the extent that the person who has referred to them pursuant to Article 27 (1) declares their consent to this effect.(2) All federal authorities and other public authorities in the Federal Government are obliged to assist the Federal Anti-Discrimination Agency in the performance of its tasks, in particular to provide the necessary information. The provisions on the protection of personal data shall remain unaffected. Non-official table of contents

§ 29 Cooperation with non-governmental organisations and other bodies

The Federal Anti-Discrimination Agency shall, in the course of its activities, involve non-governmental organisations and bodies operating at European, federal, regional or regional level in order to protect against discrimination on the grounds of a reason referred to in paragraph 1 of this Article, in an appropriate form. Non-official table of contents

§ 30 Advisory Board

(1) To promote dialogue with social groups and organizations that protect themselves from The Federal Anti-Discrimination Agency of the Federal Republic of Germany shall be attached to the Advisory Council for disadvantages in respect of a reason referred to in § 1. The Advisory Board advises the Federal Anti-Discrimination Agency on the submission of reports and recommendations to the German Bundestag pursuant to Section 27 (4) and may, for this purpose, as well as on scientific investigations in accordance with Section 27 (3) No. 3 of its own proposals .(2) The Federal Ministry for Family Affairs, Senior Citizens, Women and Youth convenes in agreement with the management of the Federal Anti-Discrimination Agency as well as the relevant responsible representatives of the Federal Government or the German Bundestag Members of this Advisory Forum and a Deputy for each Member. Representatives of social groups and organizations, as well as experts in deprivation issues, are to be appointed to the advisory board. The total number of members of the Advisory Board shall not exceed 16 persons. The advisory board is to be filled in equal parts with women and men.(3) The Advisory Council shall adopt its rules of procedure, which shall be subject to the approval of the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth.(4) The members of the Advisory Board shall exercise their duties on a voluntary basis in accordance with this law. You are entitled to compensation for expenses as well as travel expenses, daily allowances and overnight accommodation. For more details, see the Rules of Procedure.

Section 7
Final rules

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§ 31 Inaliability

The provisions of this law cannot be dismissed for the benefit of the protected persons. Non-official table of contents

§ 32 Final determination

Unless otherwise specified in this law, the general provisions apply. Non-official table of contents

§ 33 Transitional provisions

(1) In case of disadvantages according to § § 611a, 611b and 612 (3) of the Civil Code or sexual harassment in accordance with the Employment Protection Act, this is before the 18. The Commission shall apply the relevant law in August 2006.(2) In the event of discrimination on grounds of race or ethnic origin, § § 19 to 21 shall not apply to obligations arising before the 18. The Commission has given its reasons for its decision. Sentence 1 shall not apply to subsequent changes in permanent debt.(3) In the event of discrimination on grounds of sex, religion, disability, age or sexual identity, § § 19 to 21 shall not apply to obligations which are prior to the 1. The European Parliament and the Council of the European Union Sentence 1 shall not apply to subsequent changes in permanent debt.(4) § 19 (1) shall not apply to obligations which are subject to private-law insurance, if they are to be applied before the 22. The European Parliament and the Council of the European Union Sentence 1 shall not apply to subsequent changes in such debt.(5) In the case of insurance relationships before the 21. In the case of the premiums or benefits provided for in Article 19 (1) (2), a different treatment on grounds of sex shall be permitted only if it is taken into account in the case of a relevant and precise actuarial and statistical data-based risk assessment is a determining factor. Costs related to pregnancy and motherhood should not in any case lead to different premiums or benefits.