Counselling on the General Equal Treatment Act (AGG)

Anyone who would like to find out more about the right to protection against discrimination can contact the Aids service organisations (Aidshilfen) or the contact point. In addition, there are counselling centres on the AGG (website only available in German) in many cities in Germany that offer support with claims for damages or compensation and guide you through legal proceedings. 

The Federal Anti-Discrimination Agency (ADS) offers free counselling in cases of discrimination. It provides an initial assessment of the case of discrimination and advice on how to proceed and what rights can be asserted. The ADS does not provide legal representation in cases of legal action.

If you are looking for more basic information on the AGG or would like to find out about current legal cases, you can find detailed material on the website of the Federal Anti-Discrimination Agency. You can also get advice on which local advice centre is the right one for you.

Anyone who has been discriminated against at work and takes legal action against this is not entitled to recruitment, further training or promotion under the AGG, but may be entitled to damages or financial compensation. As a rule, such claims must be asserted in writing to the employer within two months (unless longer deadlines have been agreed, e.g. in the collective labour agreement or in the works agreement).

This period begins with knowledge of the discrimination (e.g. a rejection in an application procedure). The written form requirement is also met by filing a lawsuit. Labour law actions to enforce claims for damages and compensation must be filed within three months (Section 61b ArbGG) following this out-of-court assertion.

Employers are obliged to protect affected employees from further discrimination and to take appropriate measures to eliminate discrimination, for example by issuing warnings, transferring or dismissing discriminating persons and making structural changes.

Protection or financial compensation can also be claimed in other areas on the basis of the AGG, for example in the area of services such as refusal of a gym membership on the grounds of gender or refusal of a tenancy on the grounds of racism. 

We are always at your side with all our experience!

„Excluding HIV-infected people from jobs across the board is discrimination under the General Equal Treatment Act (AGG), which also protects against discrimination due to chronic diseases [...]. Discrimination in the healthcare sector is also illegal in many cases. Those people with HIV that are affected by that should definitely seek legal advice."

Ferda Ataman, Head of the Federal Anti-Discrimination Agency and Federal Commissioner for Anti-Discrimination