Legal bases

National legislation

• "Grundgesetz" ("Basic Law", Germany's constitution), Article 3:
  
  (1) All people are equal before the law.
  (2) Men and women have equal rights. The state shall promote the enforcement of equal rights for men and women and work to eliminate any existing disadvantages.
  
  (3) No one may be discriminated against or given preferential treatment on the grounds of their gender, parentage, race, language, homeland and origin, faith or religious or political opinions. No one may be discriminated against on the grounds of their disability.
  
• "Allgemeines Gleichbehandlungsgesetz" (General Equal Treatment Act)
  This act aims to prevent and abolish discrimination on the grounds of race or ethnic origin, gender, religion or ideology, disability, age or sexual identity.
  
• "Bundesgleichstellungsgesetz" (Federal Equal Opportunities Act), Section 1 (Purpose)
  (1) The Act is intended to promote equal opportunities for men and women and to abolish existing and prevent future discrimination on the grounds of gender within the scope described in Section 3 of the Act. The Act stipulates that women shall be given support in order to remove existing disadvantages. A further aim of the Act is to make it easier for men and women to reconcile family life and work. The special interests of women with a disability or at risk of becoming disabled are also taken into account.
  
• "Bundesgleichstellungsgesetz" (Federal Equal Opportunities Act), Section 2 (Employees' duty)
  All employees, particularly those charged with supervisory or management tasks, have a duty to promote equal opportunities for men and women. This duty shall serve as a guiding principle in all of the areas of responsibility of the employee's office and in any cooperation between offices.
  
• "Gesetz zum Schutz der erwerbstätigen Mutter" (Act on the Protection of Gainfully Employed Mothers)
• "Verordnung zum Schutz der Mütter am Arbeitsplatz" (Ordinance on the Protection of Mothers at the Workplace)
• "Verordnung über den Mutterschutz für Beamtinnen" (Ordinance on Maternity Protection for Civil Servants)
• "Verordnung über den Mutterschutz für Soldatinnen" (Ordinance on Maternity Protection for Soldiers) 
• "Gesetz zum zivilrechtlichen Schutz vor Gewalttaten und Nachstellungen" (Act on Protection under Civil Law against Acts of Violence and Unwelcome Advances)
• "Gesetz zum Schutz der Beschäftigen vor sexueller Belästigung am Arbeitsplatz" (Act on the Protection of Employees from Sexual Harassment at the Workplace)

European legislation

• Council Directive 92/85/EEC of 19 October 1992 on the introduction of measures to encourage improvements in the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding (tenth individual directive within the meaning of Article 16 (1) of Directive 89/391/EEC)
• The EU has adopted two directives, on the basis of Article 13 of the EC Treaty, which prohibit discrimination on the grounds of gender – irrespective of whether the person discriminated against is female or male:

• Directive 2002/73/EC of the European Parliament and the Council of 23 September 2002 ("1st Equal Treatment Directive")
  ... prohibits discrimination at work and
  
• Council Directive 2004/113/EC of 13 December 2004 ("2nd Equal Treatment Directive")
  
  ... prohibits discrimination in access to goods and services

Example German court rulings:

• Protection against dismissal also applies in the case of medically indicated abortions [16.12.2005]
  The special protection against dismissal applicable to mothers also applies after a medically indicated abortion since such an abortion is considered a "delivery" within the meaning of the Act.
  
• Right to unemployment benefit after receipt of maternity and child-raising ("Erziehungsgeld") benefits [25.10.2005]
  
  It is not possible to assert one's right to unemployment benefit if one does not claim unemployment benefit within a period of four or more years from the date on which one becomes entitled to claim. The four-year deadline cannot be extended.
• Only part of leave for new mothers stipulated by former GDR's "Arbeitsgesetzbuch" (Code of Labour Law) can be deducted from probation period specified by "Bundesangestelltentarifvertrag-Ost" (Collective Agreement for Federal Civil Service Employees in the Eastern Part of Germany) [17.06.2005]
  
  1. Only a portion of the leave for new mothers stipulated by Section 244, Subsection 1 of the former GDR's Code of Labour Law of equal length to the protection periods specified in Section 6, Subsection 1 of the "Mutterschutzgesetz" (Act on the Protection of Gainfully Employed Mothers) can be deducted. ...