The General Equal Treatment Act is also commonly known as the Anti-Discrimination Act. It prohibits discrimination on the basis of these protected characteristics:

ethnic origin
religion or belief
disability
certain age or appearance
gender
sexual orientation

What is the General Equal Treatment Act?

The Equal Treatment Act is a German federal law designed to prevent and eliminate discrimination against individuals. Discrimination means that a person is treated less favorably than another person by a private actor without objective reason and because of (one of) the above-mentioned characteristics. Private actors are, for example, employers, landlords and providers of goods and services.

The General Equal Treatment Act also protects all people equally in their working environment. Regardless of whether they have a permanent employment contract, are in training or studying, working on a freelance basis or are just applying for a job. Unequal treatment and discrimination are a no-go in all areas of the professional environment - from job interviews to employment contracts, from performance appraisals to promotions or further training.

Here are a few specific examples of discrimination in working life:

An application is not considered because the applicant is disabled and is therefore feared to have more absences.
An employee is not considered for a position because they are homosexual.
An employee is not allowed to attend a training course because she is pregnant.

These examples are very clearly discriminatory. However, there are also less obvious cases that nevertheless violate equal treatment.

Possible violations of the General Equal Treatment Act (AGG)

Direct discrimination

A person is discriminated against on the basis of protected characteristics such as gender, origin, religion, disability or sexual orientation.

Example: An employer does not hire a qualified female applicant because they believe that women are unsuitable for the position in question.

Indirect discrimination

A regulation or practice that appears to be neutral actually discriminates against certain groups of people with protected characteristics.

Example: A job description requires perfect German language skills for driving a vehicle, although perfect German language skills are not required for this. This automatically puts foreign applicants at a disadvantage.

Harassment

This refers to behavior that violates a person's dignity or creates a hostile environment. This includes hostility, humiliation or insults.

Example: This specifically includes sexual harassment such as vulgar remarks, groping or hanging up lewd pictures.

Instruction to discriminate

Someone is instructed to carry out or participate in a discriminatory act.

Example: A manager tells his employees not to serve customers of a certain religion.

Retaliation

A person is discriminated against or harassed for exercising or supporting their rights under the Equal Treatment Act.

Example: An employee is dismissed after making a complaint of sexual harassment in the workplace.

How companies can demand and promote compliance with the AGG

Raising awareness

Employers are obliged to publicize the AGG within the company and take preventative measures against discrimination. How exactly the AGG is communicated is up to the employer, as long as the communication is accessible and understandable for everyone.

In addition to an intranet, regular training courses, e.g. our compliance training, are particularly suitable for informing employees about the AGG and sensitizing them to the topic of (anti-)discrimination.

Setting up and promoting a complaints office

Employers are also obliged to set up complaints offices for employees. It is also important that every complaint must be investigated and that the reporting person must not suffer any disadvantages. This is because all employees should feel safe to report incidents of discrimination without fear of retaliation.

Review of personnel decisions

Employers should ensure that objective criteria and no discriminatory factors play a role in personnel decisions, such as hiring, promotions or dismissals. Transparent selection procedures with objective criteria that are comprehensible at all times and regularly reviewed are a helpful tool. It is also helpful in this context to clearly document personnel decisions so that, in case of doubt, it is clear why certain decisions were made.

Promoting diversity & inclusion

Companies can also take measures to promote diversity within the workforce and ensure that all employees have equal opportunities. This can be achieved, for example, by promoting diversity in management positions and creating flexible working conditions for different needs (e.g. for mothers and fathers, people with disabilities or older people).

Regular reviews

It is advisable to conduct regular internal reviews to identify and address potential discrimination risks. By evaluating complaints, feedback from employees and a review of working practices, possible cases of discrimination can be identified at an early stage and countermeasures can be taken.

Bringing the AGG to life through communication and training

Equal treatment is often a sensitive issue. Nobody wants to be treated inferiorly because of their person, origin or world view. However, some people may also find it difficult to address the issue at all or to find someone they can trust.

In our opinion, it is therefore all the more important to implement a functioning compliance structure and complaints offices. Someone who has experienced discrimination may be more likely to turn to the HR department than to their own boss. If the person would rather turn to a colleague, it is important that they also know what to do.

Our compliance training was developed by experts and explains the topic of AGG and equal treatment in a way that's easy to understand and implement.

Equal treatment and anti-discrimination is a win-win-win situation for everyone involved:

You make it easier for employees to understand their rights and how to behave correctly themselves
at the same time, you fulfill your legal obligation
and ensure a positive, inclusive and motivating working environment.

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