According to § 8 para. 1 AGG, different treatment is permissible for a reason specified in Section 1 AGG if this reason represents an essential and decisive professional requirement due to the nature of the activity to be carried out or the conditions under which it is carried out, provided that the purpose is lawful and the requirement is appropriate.

According to a decision of the Eighth Senate of May 28, 2009 ( 8 AZR 536/08 ), the sponsor of a high school may limit the selection of applicants to women when filling a supervisory position for the girls’ boarding school it runs if the activity should also include night shifts at the boarding school.

The direct discrimination due to gender is according to § 8 para. 1 AGG permitted. Because of the nature of the activity and the conditions under which it is carried out, the female gender represents an essential and decisive professional requirement in this case. The employer can do so based on the provisions of Art. 12 para. 1 GG, both define the object of the company as such and determine what work is to be carried out in the job to be filled.