Provisions with regard to protection against discrimination

Where are the provisions for protection against discrimination laid down?

• The General Act on Equal Treatment (Allgemeine Gleichbehandlungsgesetz - AGG) is Germany’s core legal framework for protection against discrimination.
• The purpose of the Act is to prevent or stop discrimination on the grounds of the characteristics cited in the AGG.

What is prohibited?

• In order to be able to effectively combat discrimination in employment or on the job, discrimination has been generally prohibited in the provisions of the AGG. Accordingly, no one may be discriminated in employment on the grounds of:

  • ethnic or racial origin
  • religion or beliefs
  • gender
  • age
  • a disability,
  • or sexual orientation.
• This concerns protection against direct and indirect discrimination as well as against (sexual) harassment.

What rights can workers exercise to defend themselves against discrimination in the workplace?

• Workers have the right to complain to the competent body of the company if they feel that they have been discriminated against in connection with their employment by their employer, superiors, colleagues or third parties on any of the above grounds (pursuant to their right to lodge a complaint (Beschwerderecht)).
• If workers are subjected to (sexual) harassment at their workplace and the employer has not taken any measures, or has taken obviously inappropriate measures, to combat such (sexual) harassment at the workplace, workers may, as a last resort, stop working without loss of pay if they have to do this for their own protection (pursuant to their right to refuse performance of work (Leistungsverweigerungsrecht)).
• Workers can also defend themselves by taking matters to a labour court. There they can assert any possible claims for compensation and damages.
• Furthermore, the employer may not discriminate against workers because they exercise their rights pursuant to the AGG; this also applies to persons who support other workers at the workplace as well as to witnesses.

Employer’s obligations

• The employer is obliged to take appropriate measures, including preventive measures, to protect workers against discrimination.
• As a preventive measure, the employer should draw attention to the prohibition of discrimination in an appropriate manner, for example in the context of training courses, and work towards ensuring that discrimination does not occur.
• Where appropriate, the employer can take measures to stop discrimination, such as issuing warnings, reassigning workers, transferring them or dismissing them.

Federal Anti-Discrimination Agency

• The Federal Anti-Discrimination Agency (FADA) can be contacted by anyone who feels discriminated against on the grounds of race or ethnic origin, gender, religion or belief, disability, age or sexual identity.

• The FADA is an independent federal agency. Its tasks include, but are not limited to:

  • providing free counselling and information to people who contact them, or arranging counselling,
  • helping those affected in asserting their rights,
  • working towards an amicable settlement of the dispute between the parties,
  • public relations work for the General Act on Equal Treatment (AGG) and the tasks of the Federal Anti-Discrimination Agency (FADA),
  • discrimination prevention,
  • carrying out academic studies,
  • submitting regular reports to the German Bundestag accompanied by recommendations.

Federal Anti-Discrimination Agency (FADA)