Report on the “Reality of Discrimination in Germany”

In order to research the social reality of discrimination in Germany, the Free University of Berlin undertook an empirical study, conducted by Prof. Dr. Hubert Rottleuthner and Prof. Dr. Matthias Mahlmann (Institute of Law at the University of Zürich), with the theme “Reality of Discrimination in Germany – Assumptions and Facts”. In order to gain as realistic a picture as possible of the situation, the research project not only evaluated antidiscrimination law, but also judges, lawyers, antidiscrimination workers and associations were asked about their experience with cases of discrimination. In addition, the researcher included the follow in this study:
■ An online-questionnaire on discrimination which was filled in by 925 persons
■ A media analysis which included 1370 articles in leading German periodicals ■ 95 private and public associations and bodies working in the area of anti-discrimination gave information about their experience with discrimination in semi-structured interviews
■ 49 advocates active in the field of anti-discrimination answered questions raised in interviews about their experience with the legal framework against discrimination
■ Survey of labour courts, administrative courts and social courts in six chosen Länder, representing different social structures. The survey, the largest so far undertaken, included 147 courts and 2691 judges, and reported 1113 cases with connection to anti-discrimination law
The findings of the different surveys show some interesting features if compared to each other, including the following: Characteristics like religion and ethnic origin that are of particular interest to the media are quantitatively of little practical concerns for courts. On the other hand, age discrimination that is of considerable legal relevance is of no interest to the media. Age discrimination is a less researched area in surveys as well. Former studies and the online-questionnaire indicate that discrimination on the ground of race, ethnic origin and religion do take place, although only few cases reach the courts.