What is Discrimination?

Discrimination occurs when degradation, disadvantage, (sexualized) harassment, stigmatization, devaluation, or exclusion take place based on actual or perceived characteristics without a valid reason.

Discrimination also arise when equality is not upheld for similar cases, or unequal circumstances are treated identically.

Discrimination may arise due to individual or multiple intersecting characteristics (see below on multiple discrimination and intersectionality).

Crucially, the classification of an act, behavior, or speech as discrimination depends on its effect, not on the underlying motive that led to this effect. The question of intent—whether it stems from deliberate action, thoughtlessness, ignorance, or common practice—is secondary in determining whether something constitutes discrimination.

What is Intersectionality?

The Anti-Discrimination Office operates with a definition of discrimination that acknowledges that people have or are subjected to multiple affiliations and attributions, and can therefore experience specific forms of discrimination through the interaction of various dimensions. The term “multiple discrimination” captures this phenomenon.

An intersectional approach further recognizes that risks of discrimination can be context-dependent. This means that disadvantages linked to one of the protected characteristics may exist in a particular context but not in another.

Additionally, the concept of intersectionality takes into account that individuals may simultaneously possess characteristics linked with disadvantage and characteristics linked with privilege.