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| | | The permissible Claim is unfounded because a discrimination case is not given in § 1 AGG. | |
| | | first According to § 1 AGG will be at a disadvantage among other things "for reasons of race or ethnic origin" prevented or eliminated. About this condition as well as their compensation due in accordance with § 15 para 2 AGG argues the parties, the facts are shaped by the fact that the applicant is returned unpaid CV enter '(-) Ossi "and at 2 places" DDR "applied by a member of the defendant contains. | |
| | | a) The literature is generally assumed that the term ethnic origin broad meaning (see, for example, Bauer and others, AGG, 2nd edition, § 1, paragraph 18;. Däubler Others, AGG, 2nd edition, § 1, paragraph 27.). In interpreting the term is from discussions about human rights can not be divorced after 1945. This discussion may be useful for a generous interpretation of the term. It is characterized inter alia by Article 1 and Article 55 of the Charter of the United Nations on 26.06.1945, which states that "problems of economic, social, cultural or humanitarian character, in respect for human rights ... without distinction of race, sex, language or of religion "are to be solved. The Universal Declaration of Human Rights includes of 10.12.1948 "distinction of any kind such as race, color, sex, language, religion, political or other opinion, national or social origin, property, birth or other circumstances "from. In a similar sense of Article 14 of the Convention regulates the protection of Human Rights and Fundamental Freedoms of 4.11.1950 (ECHR) the exclusion of different treatment on grounds such as "... national or social origin, association with a national minority, property, birth or other status .... " For the first time in the Charter of Fundamental Rights of the European Union on 07.12.2000 and then by the Treaty establishing the European Community, as amended on 4/16/2003 to be taboo discrimination "on grounds of ethnic origin". | |
| | | international law from this context it is clear that the concept of ethnic origin on the manifestable diversity of people is based. Therefore, this concept needs further clarification. | |
| | | b) If this term on the Greek word "ethnos" is based and its transmission in the German language "people" or "ethnicity" means, it is clear that the ethnic origin within the meaning of § 1 AGG more than just home from a place, a land, country or includes a common territory. The concept of ethnicity can only be met with a sense when the common history and culture, which connect to a specific territory and a sense of solidarity and unity for an identifiable population represented by people power. This might a common language, tradiierte habits and the like are. | |
| | | c) the dispute are called "Ossi" may be the element of a "territory" in concept of ethnic match (the former GDR / to East Germany). A common language impressed him but not as spoken in the eastern states of Saxony and Low German dialects, with different dialects in any case do not preclude a common language. The history of the term created after 1989 "Ossi" is far too young to ever since to describe a definable population. That the former GDR and the Federal Republic of Germany, different socio-political developments show to 1989, leaves the (former) citizens of the two state spaces are not described as identifiable ethnic groups, each its own kind, because the shared history since the abolition of small states, the common culture of the last 250 years, been provided by dialect differences common language making it clear that in the 21 Century regional differentiation possibilities not yet Schwaben Bayern still "Westerners" to be born from each other identifiable ethnic groups nor in East Germany . Let | |
| | | d) § 75 WCA is not in conflict with § 1 AGG: Although commands to the employer and works directed order, any disadvantage of workers including to refrain because of their ethnic origin or their origin or other origin. " This further discrimination ban, which codifies no individual legal claims for damages or compensation claims are, at the level of operation other tasks than the pain of sanctions discrimination of § 1 AGG. At farm level is to ensure that ethnic traditions distinctions are excluded. | |
| | | second The term "Ossi" can (which the defendant is denied) discriminatory because assigned a value opinion meant, it can be understood as discriminatory (so the argument by the applicant). As in § 1 AGG however, not every conceivable disadvantage should be eliminated or prevented, and especially since the title is not the criterion of "ethnic origin" can be assigned to turns out to § 15 para 2 AGG-based application as unfounded. They must be dismissed. | |
| | | There's been unsuccessful, the applicant, it must bear the costs of the dispute. The amount in dispute are the setting ArbGG § § 61, 3, while the Code of Civil Procedure in the Klagantrag Expressed the interest of the applicant based. | |
| | | A separate decision on the admissibility of the appeal allowed by law (§ 64 para 2 ArbGG) is not required. | |
