How to prevent
If you encounter discrimination, you can proceed as follows:
Submitting evidence in discrimination disputes differs from that in other private-law disputes, but it does not represent a presumption of fault as is often wrongly claimed.
So-called divided burden of proof is concerned in discrimination disputes, where both parties submit evidence.
The plaintiff (i.e. the victim of discrimination) must claim and prove that (s)he was subject to different or less favourable treatment. If (s)he proves this, it is up to the defendant (i.e. the party which discriminated) to prove that, on the contrary, discrimination did not take place. The defendant must prove that his/her conduct had a legitimate aim which justifies an unequal approach. (S)he must also prove that the means used by him/her to achieve that legitimate aim were appropriate and necessary.
(Example: The plaintiff must prove, e.g. by means of documentary evidence and witness testimony or otherwise that she received for the same work a lower wage than her colleague because she is a woman (rather than based on a lower qualification, lower quality of the performed work, etc.). Thus, she claims discrimination on grounds of sex. The defendant, i.e. the employer, must prove that he had a reasonable (legitimate) reason for the conduct, and if he does so, he must also prove that the difference between the plaintiff’s wage and that of her male colleague was appropriate and necessary.
In the majority of discrimination cases, i.e. particularly in labour-law and consumer matters, pursuant to Sections 9 and 84 et seq. of the Code of Civil Court Procedure, in the first instance the action should be addressed to the district court that has local jurisdiction with respect to the defendant (i.e. the party which allegedly discriminated). The situation is more complicated in matters concerning the service of police officers, fire fighters, soldiers, etc. You should always consult a lawyer of the Public Defender of Rights or your legal representative for an accurate determination of the competent court. Discrimination disputes in general are very complicated and it is not recommended that a victim of discrimination bring an action before the court independently, without assistance of an attorney-at-law, although the law does not exclude this option.