Protection against discrimination in labor law

from
Ralph Muthers
Lawyer
Specialist in labor law

Give me a call: 0261 - 404 99 69
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The General Equal Treatment Act came into force in 2006 to protect against discrimination in working life. The aim of the General Equal Treatment Act is to provide comprehensive protection against discrimination on the basis of certain characteristics listed in the Act.

These are:

race or ethnic origin
sex
Religion or belief
disability
age
sexual identity

Any disadvantage based on these characteristics is inadmissible. However, the law does not prohibit every differentiation or unequal treatment. Not every unequal treatment or differentiation automatically constitutes disadvantage or discrimination, because unequal treatment can be objectively justified.

However, the hurdles for justifying unequal treatment are usually high. Employers are therefore advised to avoid any differentiation or unequal treatment based on the characteristics listed in the law. Even the appearance of differentiation on the basis of one of the characteristics listed in the AGG should be avoided if possible.

The AGG applies to all aspects of working life and must be observed as early as the job advertisement stage. Employers are therefore advised to advertise jobs as neutrally as possible. In particular, jobs must be advertised in a gender-neutral way, for example by using the abbreviation "m/f".

If the employer violates the AGG, employees have the right to seek injunctive relief. In addition, claims for damages or compensation are possible. The law provides for so-called forfeiture periods for claims for damages or compensation. A claim for damages or compensation must be asserted in writing to the employer within a period of two months. The period for assertion generally begins with knowledge of the discrimination.

If the claim is asserted in court, an action must be brought before the labor court within three months of the written claim being asserted.

The video was first broadcast on TV Mittelrhein and Westerwald-TV.

The statements represent initial information that was current for the law applicable in Germany at the time of initial publication. The legal situation may have changed since then. Furthermore, the information provided cannot replace individual advice on a specific matter. Please contact us for this purpose.