Any form of less favorable treatment constitutes discrimination. The motive behind it—whether unintended or malicious—is irrelevant. The decisive factor is the result: the adverse effect caused by unequal treatment.

The following types are distinguished:

• Direct discrimination: A person is treated less favorably because of a protected characteristic than another person in a comparable situation is, has been, or would be.
• Indirect discrimination: Seemingly neutral regulations, criteria, or procedures disadvantage individuals due to a protected characteristic. Exception: if the measures are justified by a legitimate aim and the means are appropriate and necessary.
• Harassment: This involves unwanted conduct related to a protected characteristic that violates the dignity of a person and creates an intimidating, hostile, degrading, humiliating, or offensive environment.
• Sexual harassment: Unwanted sexually-related behavior, including unwelcome sexual acts or requests, physical sexual contact, sexually charged remarks, or the unwelcome display of pornographic material, which aims to or results in violating the dignity of the person, particularly by creating an intimidating or hostile environment.
• Instruction to discriminate: A person is directed to engage in behavior that disadvantages others due to a protected characteristic or that has the potential to do so.