Transsexuality as such does not belong to the characteristics which are listed in the General Equal Treatment Act (AGG), to which the prohibition on discrimination applies. However, the Federal Labour Court (Bundesarbeitsgericht) decided on 17 December 2015 (docket number: 8 AZR 421/14) that transsexuality can fall within the scope of the listed characteristic of “gender” as well as the listed characteristic of “sexual identity”. This is the result of the interpretation of national law. The national legislature has not assigned transsexuality to the concept of “gender” but to the concept of “sexual identity”. In contrast, European Union law does not recognize the concept of “sexual identity”. It rather speaks of “sexual orientation” and assigns transsexuality to the concept of “gender”. Considering the interpretation of national law of section 1 of the General Equal Treatment Act (AGG), transsexuality is accordingly covered by the concept of “gender” as well as by the concept of “sexual identity”.