As a provider of online services, SaaS solutions or other websites, it is important to observe the legal requirements with regard to anti-discrimination and equal treatment.
One aspect that is often overlooked is the design of registration forms, especially when it comes to gender information.
Binary gender information is not enough
Many websites and services only offer the choice between “male” and “female” when registering.
However, this binary gender indication does not do justice to the diversity of gender identities and can lead to accusations of discrimination.
The General Equal Treatment Act (AGG) prohibits discrimination on the basis of gender.
This includes not only the classic categories of “male” and “female”, but also **diverse gender identities** such as non-binary, genderfluid or agender.
Deutsche Bahn loses court case
Deutsche Bahn provided an example of the legal consequences of inadequate gender selection.
A person with a non-binary gender identity had filed a lawsuit against a sales subsidiary of Deutsche Bahn because it only allowed the form of address “Mr.” or “Ms.” when purchasing tickets online and in customer communication.
The Frankfurt am Main Higher Regional Court ruled that this practice had put the plaintiff at a disadvantage due to her gender.
Deutsche Bahn was not only ordered to cease and desist, but also had to pay compensation of 1,000 euros.
As a result, the company had to add a gender-neutral option to its online booking system.
Startups particularly challenged
Young start-ups in particular are often very open to different ways of life and value diversity and inclusion.
Nevertheless, the programming of online services often fails to implement these values in user interaction.
Although this may usually be done without malicious intent, it still carries a considerable legal risk.
This is because the AGG applies not only to large companies such as Deutsche Bahn, but to all providers of goods and services aimed at a mass audience.
This includes online stores and digital platforms in particular.
Startups should therefore implement diversity-sensitive registration forms at an early stage in order to avoid injunctions and legal proceedings under the AGG.
Failure to do so could not only damage your image, but also result in significant compensation payments.
Solutions for inclusive registration forms In order to avoid discrimination risks and enable all users to register inclusively, website operators should consider the following options: – Offer an additional “diverse” option – Provide a free text field for individual gender information – Do not include gender information at all if it is not mandatory By implementing these measures, website operators not only signal openness and appreciation of gender diversity, but also minimize legal risks.
Conclusion
The design of registration forms may seem trivial at first glance, but the choice of gender information can have far-reaching consequences.
Website operators, especially start-ups, are well advised to check their forms for inclusivity and adapt them if necessary.
This not only avoids expensive legal proceedings, but also sets an example for equal treatment and diversity.
Because in the digital age, no gender should be excluded from participation.
