Legal Frame and Political Discourse of Diversity Management and Equal Opportunity Policies Flashcards
What are the principles of the AGG (GETA)?
The General Equal Treatment Act of Germany was passed in 2006. It prohibits discrimination based on categories of gender, religion or faith, ethnicity, race, disability, age and sexual identity. According to the GETA emeployers are required tp prevent and eliminate discrimination (§1), this refers to direct and indirect discrimination (§3) and to civil law as well as employment law. Employers have to protect emloyees and job applicants, former employees as well as vocational trainees against discrimination (§7), they also must implement preventive or reactive instruments (§12). Employers as well as works councils, unions and staff must encourage compliance with the law (§17). There is the right to act against violations for individuals, trade unions as well as works councils (§17(2)). Victims of dicrimintation are entitled to compensation (§15), and proof must be given by accused (§22).
How do the principles of the GETA contribute to the realization of equal opportunities?
The GETA has a particular relevance for the realization of equal opportunitites since it is a comprehenseive approach applying to diversity and different life spheres.
Which other laws besides the GETA are relevant for the realization of non-discrimination in an organization.
SGB IX (Code of Social Law, former Schwerbehindertengesetz):
§5: liability of employers to employ disabled persons: in companies with more than 20 jobs, 5% should be held by disabled persons
§11: otherwise compensation necessary
§47: right of persons with disabilities to 5 additional paid days off
§§15-19: “special dismissal protection” (ibid.: 112)
Mutterschutzgesetz (MuschG, Law on the protection of expectant and nursing mothers):
Passed 1952
§4: prohibition of employment of pregnant women in job that require lifting
§3: as well as during the last weeks of pregnancy
§9 (1): dismissal of pregnant women as well as 4 months after childbirth is prohibited
Jugendarbeitsschutzgesetz (JArbSchG, Young Persons’ Protection of Employment Act):
Passed 1976
Refers to working times and leisure time
As well as physically demanding jobs (ibid.)
Kündigungsschutzgesetz (KSchG, Employment Protection Act): e.g. older employees
Federal laws:
- Regulate tasks of equal opportunity officers
- Relate to equal opportunities in the civil service (e.g. health care, educational institutions, public administrations)
What are principles of gender mainstreaming?
The principles of gender mainstreaming are the (re)organization, improvement, development and evaluation of policy processes, so that a gender equality perspective is incorporated in all policies at all levels and at all stages, by the actors normally involved in policy-making. It is a cross-sectional task and refers to all members of an organization. Gender Mainstreaming refers to both genders and covers traditional women’s politics as well as gender politics; implementing instruments at an organizational level.
How does Diversity Management as an organizational strategy differ from Gender Mainstreaming.
Diversity Management as an organizational strategy differs from Gender Mainstreaming in so far that Diversity Management emerged has a human resource management concept. It therefore is mainly a form of management designed to increase workforce’s effectiveness, and link recruitment, selection, development and retention of a diverse workforce to business goals, labor market shifts, globalization and competetive advantage.
Meanwhile Gender Mainstreaming is a policy which mainly applies to public administration.
