Discrimination at Work in Germany: Your Rights and the Two-Month Deadline

The General Equal Treatment Act (Allgemeines Gleichbehandlungsgesetz, AGG) protects employees and job applicants in Germany against discrimination. It covers the entire employment relationship, from the job advertisement to the dismissal.

For expats, the protection against discrimination based on ethnic origin is particularly relevant. But the AGG also protects against discrimination based on gender, religion, disability, age and sexual identity. Many claims fail not on the merits but on the short deadline.

Protected Grounds

The AGG prohibits less favourable treatment because of:

• ethnic origin or so-called race,
• gender, including pregnancy and gender identity,
• religion or belief,
• disability,
• age,
• sexual identity.

Nationality as such is not a protected ground, but treating someone worse because of their nationality is often discrimination because of ethnic origin, for example rules targeting non-native speakers without a job-related reason.

Forms of Discrimination

• Direct discrimination. You are treated worse than others because of a protected ground, for example rejected because of your age.
• Indirect discrimination. A seemingly neutral rule disadvantages a protected group, for example a requirement of native-level German for a job where it is not needed.
• Harassment. Unwanted conduct related to a protected ground that violates your dignity and creates a hostile environment.
• Sexual harassment. Unwanted sexual conduct, including comments and touching.

Your Rights

• Complaint. You can complain to the company's complaints office. The employer must examine the complaint and take action.
• Refusal to work. If the employer does not act against harassment, you can stop working without losing pay, if this is necessary for your protection.
• Compensation and damages. For non-material harm, you can claim compensation, the amount depending on the case. For financial losses, you can claim damages.
• Protection against retaliation. You may not be disadvantaged because you exercised your rights.

In job applications, compensation is limited to three monthly salaries if you would not have been hired even without discrimination.

The Deadlines

1. Written claim within two months. You must assert your claim for compensation or damages in writing to the employer within two months. For applicants, the period starts with the rejection, otherwise when you learn of the discrimination.
2. Lawsuit within three months. If the employer rejects the claim or does not respond, you must file a lawsuit within three months of asserting the claim in writing.

Collective agreements can set different periods. If you miss the deadline, the claim is lost.

Burden of Proof

You do not have to prove discrimination in full. It is enough to show indications that make discrimination likely, such as statements, a discriminatory job advertisement or statistical patterns. The employer must then prove that there was no discrimination.

Keep emails, messages and notes, and write down what happened, when and who was present.

Discriminatory Dismissal

A dismissal for a discriminatory reason is invalid. As with every dismissal, you must challenge it within three weeks. You can combine this with a claim for compensation. See unfair dismissal claims and reasons for dismissal.

Equal Pay

Women and men must receive equal pay for equal or equivalent work. In companies with more than 200 employees, you can request information on the pay of a comparison group. The EU Pay Transparency Directive will strengthen these rights further.

Help and Advice

• The works council and the company's complaints office.
• The Federal Anti-Discrimination Agency (Antidiskriminierungsstelle des Bundes), which offers free initial advice, also in English.
• An employment lawyer, especially for claims and deadlines. See employment lawyer in Germany.

Frequently Asked Questions