Workplace discrimination

When does discrimination occur at work?

Discrimination in working life often does not happen loudly and obviously, but quietly: through Decisions, exclusions, tone of voice or rules that seem neutral at first glance and yet disadvantage certain groups. This often has noticeable consequences for those affected. Careers take a turn for the worse Stopping, the workplace becomes a burden and often long-term health problems arise Impact.

Legally speaking, discrimination occurs when someone is treated worse in a work context. because there is a personal characteristic that the General Equal Treatment Act (AGG) expressly protects. It's not about general unfairness or a bad working atmosphere, but rather a disadvantage due to a protected characteristic. The AGG gives employees a clear set of tools at their disposal for this – the crucial thing is to correctly identify disadvantages, classify them, secure evidence, and meet deadlines.

The AGG applies to employees as a whole, including trainees. Employers must ensure that discrimination due to the protected characteristics is avoided not just when hiring and firing, but throughout the entire employment relationship.

Protected characteristics according to the AGG

The AGG protects six characteristics that particularly often lead to disadvantages in the world of work. The following overview shows how discrimination can manifest itself in practice:

• Age: Discrimination due to age, often towards older people. Typical Example: A job advertisement is aimed at "young talents under 35" – older applicants will be therefore effectively excluded.
• Religion or belief: Religious beliefs must not become one lead to discrimination, even with external signs. If, for example, a woman wearing a headscarf... If customer contact is deducted, it is a restriction of professional opportunities religion.
• Gender: Disadvantages in terms of pay, promotion, or distribution of tasks. Classic example: A promotion is refused "because pregnancy is possible soon could be" – a career block due to prejudice.
• Ethnic origin: Origin must not affect access or determine everyday working life. If an applicant with a foreign name and the same qualifications is not invited to an interview, there is inequality in the selection process.
• Disability: People with disabilities are entitled to equal rights Participation in working life. An instruction like “Please don’t hire people with disabilities” represents an exclusion despite suitability.
• Sexual identity: Protection against overt or covert discrimination. Derogatory comments about a homosexual colleague in a meeting create psychological pressure and are one form of harassment.

Direct and indirect discrimination

The AGG distinguishes between two basic types of disadvantage, which differ in structure and evidence differ significantly.

Direct discrimination

Direct discrimination occurs when the protected characteristic directly leads to exclusion or leads to poorer treatment. Anyone who receives a job advertisement with the requirement "under 35" formulated, excludes older people simply because of this requirement, which is directly age-related. There is also direct discrimination if someone, because of their visible practice of religion, such as wearing a headscarf, is excluded from customer contact.

Indirect discrimination

The disadvantage is indirect when a rule is formulated neutrally, but in the effects typically make certain groups worse off. A common example: If promotions are linked to full-time work, this often affects women more, as they more often work part-time, for example due to caring responsibilities. The rule sounds neutral, but can discriminate in effect.

Structural or institutional discrimination

Not every disadvantage is an individual decision. Sometimes there are disadvantages recurring patterns in processes and structures. If applications with the same qualifications with foreign-sounding names are less likely to be invited than applications with “typical German" names, there is a lot to be said for structural disadvantage. Such structures are often difficult to prove, but have real effects and can affect certain groups disadvantaged in the long term.

Other prohibited forms of discrimination

In addition to direct and indirect discrimination, the AGG covers other forms of disadvantage, which often occur in practice:

• Harassment: For example, sexist sayings, derogatory behavior, or demeaning comments in the workplace. Even a single serious incident can constitute harassment within the meaning of the AGG.
• Disadvantage Instruction: When superiors instruct certain groups excluded, for example with the statement “Please don’t hire people with disabilities” – is This is an independent form of discrimination, even if the instructions are not implemented.
• Retaliation: If disadvantages follow after a report or complaint – such as termination, worse reviews, or sanctions. Such retaliation is expressly inadmissible according to § 16 AGG.

All of these constellations trigger the same legal consequences as direct or indirect ones Discrimination: Those affected can claim damages and compensation, and the employer is obliged to take appropriate measures.

Rights and enforcement under the AGG

Internal complaint and employer's duty

If you experience discrimination or harassment, you can complain. Typically, the contact persons are: the works council, the staff representatives, or an internal complaints office. The employer must investigate the complaint and take appropriate measures (§ 12 AGG). This also applies if discriminatory behavior emanates from customers or business partners; the employer is not allowed to simply accept it.

Damages and compensation

In the case of material damage – for example, lost wages due to refused promotion – Compensation for damages can be considered (Section 15 Paragraph 1 AGG). For non-material damages like Injury, emotional distress, and interference with human dignity can also be an issue Compensation must be demanded (Section 15 Paragraph 2 AGG). During the application process, one can Compensation of up to three months' salary may be possible.

Facilitation of evidence through circumstantial evidence

You don't have to provide complete proof of discrimination. It is enough to provide evidence that one suggest discrimination. Then the employer must show that there is no discrimination took place (Section 22 AGG). This reversal of the burden of proof is a significant advantage for those affected and should always be taken into account when documenting incidents.

Overview of the most important rights

• Right of appeal (Section 13 AGG): Document incidents and report them to the responsible person Report position.
• Refusal of performance (Section 14 AGG): In severe cases, if the employer remains inactive or takes inappropriate measures - ideally only with legal advice.
• Compensation and damages (Section 15 AGG): On time and in writing claim against the employer.

Bullying or discrimination: Why classification is important

Both can be significantly stressful, but the respective procedures are legally designed differently. The correct classification determines deadlines, claims, and enforcement avenues.

Mobbing describes repeated, targeted harassment or degradation, often over a longer period of time. It is not regulated by law as a separate offense and is ongoing typically about general employment law obligations, in particular the duty of care (§ 241 BGB). The employer must intervene if he finds out about it.

Discrimination According to the AGG, on the other hand, if the disadvantage is due to a protected characteristic. Even a single incident can be enough—unlike... Bullying, which typically requires repetition. The AGG contains its own, of course Regulated deadlines and legal consequences: The two-month deadline for making a claim is clearly shorter than the general limitation periods in labor law.

In practice, bullying and discrimination can overlap, for example when it is systematic Tying harassment to a protected characteristic. In such cases, both bases of claim should be be checked.

How to deal with discrimination: step by step

1. Adhere to deadlines properly

Claims for compensation or damages must generally be made within two months from the time of knowledge of the disadvantageous event in writing be asserted to the employer (Section 15 Paragraph 4 AGG). The application process begins the deadline upon receipt of the rejection, in the case of training or further education, from knowledge of the incident.

If the employer does not respond or refuses, this can be done within three months Klage beim Arbeitsgericht erhoben werden (§ 61b ArbGG). The deadline runs from the date of Rejection or non-response. We recommend a verifiable proof of access Transmission method, for example registered mail.

2. Clarify and document internally

Record incidents in writing: date, time, wording, people involved, and witnesses. Contact the works council or the internal complaints office. The aim is initially to find a solution within the company before the situation escalates. In the case of derogatory comments about origin, for example, the timing, content, and witnesses should be included documented and then reported.

3. If the employer does not respond effectively

In severe cases, a refusal of benefits may be considered (Section 14 AGG) if the Employer fails to act or takes inappropriate measures. Often comes next Step the judicial enforcement. In the case of indirect or subtle discrimination Legal support is often particularly important as providing evidence can be more demanding.

4. Low income support

Anyone who earns little can go to the district court to apply for legal aid. With that, the state usually covers the costs of an initial legal consultation. So, legal enforcement remains possible even with a tight budget.

Proceed strategically: summary

Anyone affected by discrimination in the workplace should act in a structured and prudent manner. The following steps have proven successful in practice:

• Document: Record the time, content, witnesses, and those involved—if possible in a timely and detailed manner.
• Report internally: Works council, complaints office, or human resources department turn on.
• Note deadlines: Two months for the written assertion the employer, then three months for the lawsuit.
• Use legal advice: Get legal help early, especially if compensation or damages are in question.
• Get support: Trade unions, the anti-discrimination agency of the Federal, regional advice centers, and labor law lawyers are available as external sources Contact points available.

Nobody has to accept discrimination. The AGG provides those affected with effective tools Hand – provided that deadlines are met and the documentation is thorough. One early legal advice can do that Make the difference between a lost claim and a successful enforcement your rights.