The General Equal Treatment Act (AGG) is the German anti-discrimination law. The law applies in the working environment, in everyday business and when looking for accommodation. The scope of application of the AGG includes all phases of the employment relationship, from the job description to recruitment, promotion and termination, and applies to all employees.

A total of 6 grounds of discrimination are enshrined in the law:

• Gender
• Disability or chronic illness
• age
• Racist or anti-semitic grounds (ethnic origin)
• Religion and ideology
• sexual identity 

Please note: An AGG complaints office is not a collegial advisory service for those affected, such as the staff council, the women's and equal opportunities officer or other contact points. A complaint triggers an obligation for the employer to act in the event of existing discrimination or the suspicion of existing discrimination - irrespective of whether the persons concerned wish to have it investigated.

Section 13 AGG stipulates that every employer must set up a competent body within the company to receive complaints from employees who feel disadvantaged or harassed by their employer, superiors, other employees or third parties.

The decisive factor is that the person concerned has the subjective feeling that they have been discriminated against or harassed on the basis of one of the characteristics mentioned in Section 1 AGG (gender, disability/chronic illness, age, racist and anti-semitic grounds, religion/ideology and sexual identity) and that this event is also related to the employment relationship.

Specifically, the AGG distinguishes between the following forms of discrimination or harassment:

1. Direct discrimination occurs when a person is treated less favorably on the basis of a ground of discrimination than a person in a comparable situation is, has been or would be treated.
2. Indirect discrimination occurs where an apparently neutral provision, criterion or practice may put a person at a particular disadvantage because of a ground of discrimination referred to in point 2, unless that provision, criterion or practice is objectively justified by a legitimate aim and the means of achieving that aim are appropriate and necessary (positive action).

3. Harassment is discrimination where unwanted conduct related to a ground of discrimination referred to in point 2 has the purpose or effect of violating the dignity of a person and of creating an intimidating, hostile, degrading, humiliating or offensive environment. 

   Examples of harassment:

   • derogatory and demeaning comments about origin, skin color, speech impediments, physical attitudes, disabilities or religion and the wearing of religious symbols
   • Jokes and teasing, etc.
   • derogatory looks and gestures in connection with discrimination characteristics
   • Exclusion or harassment of work colleagues in connection with discrimination characteristics, e.g. through deliberate information gaps, spatial isolation, ignoring or assigning offensive, humiliating tasks
   • Racist or anti-semitic behavior

   • Physical violence in connection with discrimination characteristics

      

4. According to Section 3 (4) AGG, sexual harassment is unwanted conduct that is sexualized and gender-related. This ranges from unwanted looks and sexual innuendo to physical touching. Sexual harassment is characterized by violation of dignity and undesirability. All sexual harassment is prohibited in the workplace, regardless of whether the person causing the harassment intended it - it's the effect on the harassed person that matters. Unwantedness also exists if a person is or was under pressure to endure or reciprocate a sexual act. Sexual harassment can be divided into three categories: verbal, non-verbal and physical harassment.

       Examples of sexual harassment:

• verbal: sexually suggestive comments and jokes
• verbal: intrusive and offensive comments about clothing, appearance or private life
• non-verbal: intrusive or suggestive looks, unwanted messages with a sexual connotation, posting pornographic material
• physical: unwanted touching (patting, stroking, pinching, hugging, kissing), even if the touching appears to be accidental
• physical: repeated physical advances, e.g. pushing and shoving
• physical: physical violence and any form of sexualized assault up to and including rape

Complaints include both the personal, daily interaction between colleagues, as well as the behavior of superiors and the employer in general. 
Not only affected employees can turn to a complaints office, but also trainees, freelancers, as well as people who are applying for a job or whose employment relationship has already ended.

Please note: During the complaints procedure, an external law firm assists with the hearing of the persons involved and the legal assessment of the facts of the case. 

0. possibility of a confidential consultation with the AGG complaints office
1. submission of a written complaint 
2. preliminary examination (Is there a reason for complaint under the AGG? If not: feedback to the person making the complaint and, after consultation, forwarding to a competent contact point if necessary) 
3. implementation of the complaints procedure (external support from a law firm) 
         a.    Hearing of the parties to the conflict, examination of immediate measures 
         b.    Clarification of the facts incl. hearing of witnesses
         c.     Evaluation of the results
         d.     Recommendation of measures to the Executive Board
         e.     Communication of the results of the investigation to the parties to the conflict by the AGG Complaints Office 
         f.    Communication of any measures imposed by the AGG Complaints Office
4. review of the effectiveness of the measures, if applicable.