Under the Industrial Constitution Law ("Betriebsverfassungsgesetz") in Section 78 Sentence 2 employers are forbidden to discriminate against or give preferential treatment to employee representatives in order to guarantee the interests of the work force, although a comprehensive legal definition of "discrimination" and "preferential treatment" does not yet exist. It is the intention of the author to approach this problem by giving a full picture of source material to be found in the decisions of the courts and legislative measures arising from acts. Furthermore, in light of the developments of the corporate world and its workings, the author offers a new abstract method of approaching novel cases. As a violation of Section 78 Sentence 2 Industrial Constitution Law could have criminal consequences, it is essential to deepen our understanding of "discrimination" and "preferential treatment."