Compliance
Mittelbare Benachteiligung
Indirect discrimination, where seemingly neutral rules disproportionately disadvantage a protected group.
Definition
Mittelbare Benachteiligung, or indirect discrimination, arises when seemingly neutral provisions, criteria, or procedures can particularly disadvantage persons with a protected characteristic compared to others. Such a disadvantage is only permissible if the provisions, criteria, or procedures are objectively justified by a legitimate aim, and the means of achieving that aim are appropriate and necessary. This form of discrimination often requires a statistical analysis or factual assessment to reveal its discriminatory impact.