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Laws/guidelines regarding workplace diversity in GERMANY

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Laws/guidelines regarding workplace diversity in GERMANY

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Allgemeine Gleichbehandlungsgesetz (AGG) = General Equal Treatment Act:

Employers are required to maintain a workplace free from discrimination based on gender, age, origin, disability, or sexual orientation, and they must take proactive steps to prevent such discrimination. Diversity management emphasizes the value of a diverse workforce and actively encourages its promotion. The main legal guidelines in this area are outlined in the General Equal Treatment Act (AGG) and the Remuneration Transparency Act, with the AGG specifically prohibiting discrimination against individuals based on protected characteristics such as age, gender, and ethnicity. To comply, employers must implement reasonable affirmative actions for underrepresented groups and ensure that job advertisements and hiring processes are non-discriminatory. Failure to adhere to these regulations can lead to significant legal and financial consequences.

Convention on the Rights of Persons with Disabilities (CRPD):

International human rights agreement that protects and promotes the rights of people with disabilities

In force since 2008

Goal: equal participation of people with disabilities in all areas of life

General principles of the UN-CRPD:

Dignity and autonomy

Non-discrimination

Inclusion and participation

Equal opportunities

Accessibility

Equality between men and women

Children's rights

Education and inclusion (Article 24):

Right to inclusive education

Inclusive education system

Lifelong learning

Source: https://www.behindertenbeauftragter.de/DE/AS/rechtliches/un-brk/un-brk.html

Federal and State Equality Act for People with Disabilities:

Important for the implementation of the UN CRPD

Higher Education Framework Act (HRG):

It obliges universities to ensure equal opportunities for students with disabilities

The right to modified study and examination conditions is also explicitly enshrined

Higher Education Act of the Federal States

The provisions of the Higher Education Framework Act are adopted and partially expanded

Source: https://www.studierendenwerke.de/themen/studieren-mit-behinderung/recht-politik-und-daten/recht

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Laws/guidelines regarding workplace diversity in the US

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Laws/guidelines regarding workplace diversity in the US

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Title VII of the Civil Rights Act of 1964:

Prohibits employment discrimination based on race, color, religion, sex, pregnancy, national origin, sexual orientation, or gender identity in hiring, firing, and all other terms and conditions.

The Age Discrimination in Employment Act (ADEA) of 1967:

Protects individuals 40 years of age and older from age-based discrimination in selection, termination, promotion, and all other occupation relevant decisions.

Americans with Disabilities Act (ADA):

Prohibits discrimination against

qualified individuals with disabilities in employment and mandates reasonable accommodations be provided to disabled employees upon request.

The Genetic Information Nondiscrimination Act (GINA):

Prohibits employment discrimination based on genetic information. GINA also prohibits discrimination in providing health coverage to employees based on their genetic information.

The Equal Pay Act:

Mandates equivalent compensation for men and women who perform substantially similar work within the same workplace or for the same organization.

Executive Order 11246:

Introduced affirmative action policies to address the underrepresentation of minorities in the workforce.

Requires federal contractors to ensure equal opportunity and diversity in employment.

Equal Employment Opportunity Commission (EEOC):

The EEOC enforces federal laws which prohibit discrimination in the workplace.

Investigates discrimination complaints,

Facilitates settlements

litigates on behalf of claimants.

Provides guidance to employers on developing policies and practices that promote diversity and inclusion.

Source:

https://top5accessibility.com/blog/diversity-laws-workplace-inclusivity/

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Both countries have laws which prohibit discrimination based on race, age, national origin, sex, gender, religion, sexual orientation, and disability.

Both countries punish violations of diversity and discrimination laws/policies.

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What do you believe is the most important aspect of promoting workplace diversity?  

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Improving employee satisfaction and retention.

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Germany has a single law, The General Equal Treatment Act (AGG), which prohibits discrimination based on all factors.

The United States has different laws for each group (Title VII, ADEA, ADA).

U.S. anti-discrimination laws are older than those in Germany. Title VII and the ADEA date from the 1960s, and the ADA from 1990.

The German AGG took effect in 2006 when the country adopted four anti-discrimination laws from the European Union.

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What is a significant difference between Germany and the United States regarding workplace diversity laws?

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Germany's laws are newer, with the AGG implemented in 2006, while U.S. laws like Title VII date back to the 1960s.

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The U.S. uses separate laws for specific discrimination factors, while Germany has a single comprehensive law.

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Germany’s anti-discrimination laws stem from EU directives, while U.S. laws are independent of international frameworks.

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There is no difference; both countries have identical anti-discrimination approaches.

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How diversity is represented & addressed in GERMANY

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How diversity is represented & addressed in GERMANY

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The UN Convention on the Rights of Persons with Disabilities has significantly influenced adult education policies.

Adult education is governed by continuing education laws established by the federal states. These laws encourage inclusive educational opportunities, particularly in adult education centers.

State funding and financial support are increasingly focused on promoting social equality.

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oil painting of diverse adult learners in germany

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How diversity is represented & addressed in the US

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How diversity is represented & addressed in the US

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Inclusion in education is mainly governed by the Americans with Disabilities Act (ADA), which prohibits discrimination and aims to ensure accessibility for all individuals.

Adult education is less centrally organized, relying significantly on private and community initiatives.

The principles of inclusion typically emphasize equal opportunities, focusing on accessibility and individual responsibility.

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oil painting of a teacher in a wheel chair

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Germany is characterized by a more collectivist approach and state funding structures.

Individualistic and technology-focused approaches dominate the USA.

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What is more important for a country's success: a collectivist approach with strong state support or an individualistic approach that fosters innovation and technology? 

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Collectivist approach with state support

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Individualistic approach focusing on innovation

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Diversity concepts at the University of Augsburg

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Diversity concepts at the University of Augsburg

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Sensitise: To promote sustainable change, all those involved should become aware of their values, responsibility, and openness.

Differentiate: Differences are not seen as deficits but as potential that enables innovation.

Correct: Minorities should be protected, problems identified, and preventive measures developed.

Activate: Structures and networks should strengthen diversity, develop intercultural skills, and encourage social engagement.

Source: https://www.uni-augsburg.de/en/verantwortung/gender-equity-diversity/diversity/diversity/diversity-leitbild/

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Diversity concept at East Carolina University (ECU)

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Diversity concept at East Carolina University (ECU)

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East Carolina University (ECU) is deeply committed to fostering diversity, equity, and inclusion as integral components of its mission. The university emphasizes the importance of creating a campus culture that supports all individuals, especially those from underrepresented and underserved communities.

As part of its diversity mission, ECU promotes initiatives that include leadership in diversity, curriculum development, research, and outreach efforts. These efforts align with its goals to recruit, retain, and support diverse faculty, staff, and students.

Key programs such as the THRIVE initiative and partnerships with other institutions aim to reduce bias and enhance gender equity, particularly in STEM fields.

Anti-racism campaigns and scholarships support students from diverse backgrounds. These actions highlight ECU's dedication to living its values and building an inclusive community.

Source: https://news.ecu.edu/2022/01/13/chancellors-commission-addresses-diversity-equity-and-inclusion/

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Methodical approaches

Group-oriented approach: Attempts are made to create heterogeneous learning groups in which different abilities are seen as resources.

Focus on collective learning formats, such as inclusive courses that appeal to people with and without disabilities.

Target group-oriented programs, e.g., for people with disabilities, migrants, or senior citizens.

Cultural and structural

Strongly characterized by the welfare state: The state often assumes responsibility for making educational opportunities accessible to all.

Inclusion is seen as a social obligation and institutionally promoted.

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What is the most important factor for effective inclusive education?

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Methodical approaches

More individualized: Programs often emphasize customization to meet individuals' needs, such as tailored solutions through technology or specialized learning platforms.

Focus on “Universal Design for Learning” (UDL), which creates learning environments that are flexible and accessible to as many people as possible.

Target group-oriented approaches can vary greatly, often depending on regional or private initiatives.

Cultural and structural

Emphasis on self-determination and personal responsibility: access to education is often seen as an individual responsibility, supported by legal protections such as the ADA.

More substantial role of private actors and non-profit organizations in promoting inclusive education

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Universal Design for Learning (UDL) aims to create learning environments that are flexible and accessible to as many people as possible.

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