The simplest solution: Internal AGG complaints body

Every company has to set up a so-called AGG complaints body. You can also contact this body if you feel discriminated against – even if you are unsure of whether it constitutes an act of discrimination for which you can take legal action under the AGG. If no such complaints body exists, then you can also direct your complaint to the HR department or directly to management. The employer must investigate your complaint and share with you the result. Ideally, a solution adapted to that specific situation can then be developed. If you wish to contact the AGG complaints body, you can use the following template “Complaint under section 13 of the AGG” to help you with its formulation.

When to act if you wish to sue

If you wish to take legal action against discrimination at work, you must inform the employer of this in writing within two months of the incident. If this discrimination represents a permanent state of affairs, this 2-month period commences with the most recent incident. To help assert your claims, you can use our formulation template “Redress and out-of-court assertion of claims for damages and compensation vis-a-vis the employer under section 15 (4) of the AGG”.

Subsequently, you have another three months to file a suit with the local labour court.

What you need to prove in court

As a rule, you should document all facts that indicate discrimination has taken place in as much detail as possible, since you must collect so-called circumstantial evidence to sue against discrimination at the workplace. These would be indications that you were discriminated against at work on account of one of the protected characteristics. If such evidence can be furnished, then the employer must demonstrate in court that discrimination did not in fact take place.

Circumstantial evidence of discrimination might be: 

• Disparaging remarks from a superior relating to one or several protected characteristics, in other words your age, background, religion, gender, disability or sexuality.
• A close temporal connection between the incident of discrimination and the point when you informed the employer of the characteristic, e.g. your pregnancy or sexual identity.

Note: What will suffice as circumstantial evidence of discrimination in the individual case can only be decided by the competent court.

What you can attain in court

Should you sue against discrimination at the workplace and win the case, you will receive a financial settlement (damages and compensation).

Do I need a lawyer if I wish to sue?

Lawyers specialising in labour law can help gauge a lawsuit’s likelihood of success. To pay for their consultation, people with low income and little in savings can apply for a so-called financial aid permit at the competent Local Court. You can find more information in the Federal Ministry of Justice’s flier on “Beratungshilfe und Prozesskostenhilfe” (Legal advice and aid).

Even without a lawyer, it is relatively simple to submit a complaint concerning discrimination at the workplace. Here, the legal application office (Rechtsantragstelle) at your local labour court will support you free of charge. Additionally, your cost risk is low, since you will not need to pay the legal fees of the opposing party should you lose the case.