Regulations against discrimination in the workplace

The General Equal Treatment Act (AGG) came into force in 2006.

It protects against discrimination from:

• racist grounds
• on the basis of ethnic origin
• gender
• religion
• ideology
• disability
• age
• sexual identity.

The AGG is mainly applied in two areas of life . On the one hand protection in working life :

• Job advertisements
• application documents
• Selection procedure
• Disadvantages in training and further education
• promotion
• Dismissal.

The AGG also offers Protection in everyday transactions :

• so-called mass transactions
• such as shopping, train and bus rides, or visits to restaurants, discotheques or hairdressers.

The AGG also provides protection when looking for accommodation and in insurance and banking transactions.

Harassment is also a form of discrimination. It refers to unwanted actions in connection with a characteristic of discrimination that violate dignity and create an environment of intimidation, hostility, humiliation, degradation or insults. This also includes sexual harassment.

The law contains rights and obligations for employers and employees alike. The entire application process, starting with the job advertisement must be non-discriminatory be designed without discrimination. In existing employment relationships, employees are entitled to protection from discrimination . They can demand compensation or damages and complain to the employer about discrimination. All companies must have an appropriate complaints office must be set up in all companies and all employees must be informed of its existence. Employers must ensure that discrimination does not occur. They are also obliged to take action against employees who discriminate against others. The possible measures range from a transfer, a warning or even dismissal .

If the discriminating person does not stop the discrimination, the person concerned must claim their rights in court . Within 2 months compensation and damages must be claimed. Under civil law, there is also a right to stop discrimination in the future. However, very few cases of discrimination are resolved in a legal dispute, but rather through an amicable settlement settled.

The Federal Anti-Discrimination Agency offers telephone and initial written advice . Anyone who feels that they have been discriminated against can contact the Anti-Discrimination Agency for free and confidential advice. The counseling team provides information on the legal situation, possible claims and deadlines. Counsellors can also put you in touch with specialized local counselling centres. Regional advice centers in the immediate vicinity are listed in the database of the Federal Anti-Discrimination Agency database.

Regulations on equal pay for men and women

The law on promotion of pay transparency between women and men (EntgTranspG) came into force on July 6, 2017.

According to the EntgTranspG, discrimination on the basis of gender in pay is prohibited. Women and men must receive the same pay for the same work or work of equal value.

The aim of the law is to support women (and men) in asserting their entitlement to equal pay for the same work or work of equal value.

In order to achieve this goal, the law provides for the following components:

1. Individual right to information

Employees of employers with generally more than 200 employees have a right to know according to which criteria they are paid and how. The right to information extends to:

• the criteria and procedures for determining pay for their own pay and for a requested comparative activity as well as the amount of the requested comparative pay.

In addition to the average monthly gross pay, up to 2 separate pay components can be requested.

1. Company test procedure

Private employers with generally more than 500 employees are requested to bindingly regulated company procedures for reviewing and establishing equal pay under their own responsibility.

This with the involvement of company interest groups and informing the employees.

1. Duty to report

The law stipulates a reporting obligation on equal opportunities and equal pay for women and men for employers with more than 500 employees as a rule, insofar as they are required to submit a management report in accordance with the German Commercial Code.

Companies must report regularly about

• the measures taken to promotion of equality and their effects,
• the measures to achieve equal pay, for example via the applicable pay regulations and job evaluation procedures

The reports are to be published in the Federal Gazette as an annex to the management report .