Discrimination – Basics / Discrimination of employees

The General Equal Treatment Act ( Allgemeines Gleichbehandlungsgesetz - AGG) from 2006 is primarily intended to protect against discrimination in the workplace, but also when concluding other contracts such as tenancy contracts. Also access to everyday events and facilities such as entry into discotheques or fitness studios should be free from discrimination (so-called civil law prohibition of discrimination). The focus of the AGG, however, is on protecting the employment relationship from discrimination. The aim of the law is to prevent or eliminate discrimination based on race or ethnic origin, gender, religion or belief, disability, age or sexual identity (§ 1 AGG).

Discrimination!

Discrimination is understood to be the unequal treatment of a person based on one of the above categories (race, ethnic origin, gender, religion, ideology or disability) without an objective reason. Whether the discrimination is deliberately meant to be derogatory or just negligently and without intention, does not matter for the protection of the AGG.

Discrimination in the workplace!

As an employee, you can face different types of discrimination. This ranges from disadvantages in terms of salary or promotions, to harassment and downright bullying. Even when applying for a job, protection against discrimination of the AGG applies, if you do not even get a job because of your origin, your beliefs, your age or your gender. The protection of the AGG thus extends from the application to the hiring-process to the termination and applies during the employment relationship for topics such as promotion, the type of work, working hours, income level and vacation entitlements.

Consequences!

Anyone who has become a victim of discrimination in the workplace can sue for an omission of the discriminatory act, demand payment of equal salary, demand compensation for financial damage, but also compensation for violations of personal rights.

Examples of discrimination in the workplace!

The position you are applying for is only advertised for applicants with "German as their mother tongue". Your employment relationship is terminated because you allegedly behaved against the moral standards of your religious employer (e.g. Catholic hospital). In your company only men are promoted and women are passed over.

Good to know! Under certain circumstances, claims can arise against your employer, although at first glance he did not do anything wrong. But in the workplace, the employer also has a duty to protect you from discrimination by colleagues and customers. The employer has duties of care that are enforceable if he doesn't take care of them!

Legal tip! Claims according to the AGG must be made in writing no later than 2 months after knowledge of the discrimination. The legal costs are regularly covered by an existing legal protection insurance. As a lawyer, I clarify the insurance coverage for my clients in advance.