Instruction to discriminate occurs in situations where one person is instructing another person to discriminate against a third person.
Telling someone or making someone discriminate against another person because of his or her racial or ethnic origin, disability, religion or belief, sexual orientation, age, gender or other characteristics is prohibited.
example The head of a company forbids the personnel recruitment department from hiring Roma or women over 50, or requires the hiring of only young women. A recruitment agency refuses work to a lesbian or a gay person, because the company using their services provided such an instruction.
example There was discrimination by instruction in a case where a mayor made public announcements of a homophobic nature, stating that he would refuse permission to hold a march raising awareness about sexual orientation discrimination. When the decision came before the relevant administrative authority, the permission was refused. It was found that the mayor’s statement could have influenced the decision of the relevant authorities and that the decision had been based on the ground of sexual orientation.
The prohibition is not violated, if the instruction, albeit producing negative effects, is not linked with discrimination.
example If the boss of a company instructs the head of a unit to deny a promotion to a certain employee, this is not an instruction to discriminate, if the refusal to promote is based on objective work-related considerations.