Protecting employees and freelancers from discriminatory statements and actions:
The anti-discrimination clause in Theater o.N. contracts
Since 2019, our contracts with employees and freelancers have included an anti-discrimination clause based on the work of Julia Wissert, Sonja Laaser and others. With this clause, we as an employer/client commit to a working environment that is sensitive to discrimination and formulate concrete measures in the event that a person feels discriminated against in the context of our cooperation. The first version of the clause was extensively revised in 2024 in cooperation with the law firm Laaser and the Offensive Tanz für junges Publikum and is available for free download here in the updated version in German and English.
One key aspect of the revision was the clear elaboration of the perspective of those affected. “The clause is not about establishing perpetration, but about the perspective of the affected person and the recognition and understanding of this perspective,” states the preamble to the current clause. Accordingly, the only decisive factor for the clause taking effect is that the person concerned feels discriminated against.
The second key aspect of the revision was to formulate measures of action, once a discriminatory incident has been made known. Laaser's model clause contains numerous suggestions in this regard. On this basis, we have developed three measures that we believe are relevant to the specific practice at Theater o.N. In this context, we find it important that the person concerned can receive support relatively quickly if desired, which is why the clause precisely specifies the procedure and assumption of costs and is designed to be as low-threshold as possible. Regardless of the measures requested by the person concerned, we as a theater undertake to provide appropriate training measures relating to the specific case as soon as we become aware of an incident.
Link to further information on the Laaser law firm website (German):
https://www.kanzlei-laaser.com/wissenspool/beitraege?rechtsgebiet=antidiskriminierungsrecht
Link to the equity approach and anti-discrimination clause of the Offensive Tanz für junges Publikum (German):