Authors: Prof. Dr. Marlene Schmidt, published by the Federal Anti-Discrimination Agency (FADA) Year of publication: 2010

Brief overview

The General Equal Treatment Act (Allgemeines Gleichbehandlungsgesetz - AGG) requires employers to take the measures necessary to ensure protection from discrimination. This expert opinion looks at the type and scope of the organisational duties.

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Main results

Preventive measures

Employers are obliged to take preventive measures. If they fail to comply with this duty, staff are entitled to claim damages and compensation. In case of gross violations, the works council can have these rights enforced before the court.

Measures in response to discrimination

If staff violate the General Equal Treatment Act, employers must look at the circumstances of each case and take appropriate, necessary and commensurate measures to put a stop to the discrimination. These measures can be a warning letter, transfer to another department or city or dismissal. Employers are also obliged to protect their staff from discrimination at the hands of third parties.

Deficits regarding organisational duties

Organisational duties are couched in so generic terms as to leave many questions unanswered. Moreover, it is not effective to primarily expect those affected to claim damages and compensation for violations of the organisational duties. After all, it is an extremely rare employee who takes legal action against their employer.

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Options for action

What can employers do?

• Employees should receive extensive written information about legal provisions, discrimination problems and sanctions.  
• Works agreements on the protection from discrimination would be an option.
• Codes of conduct on the protection from discrimination might be drafted and staff, clients and business partners informed about them. 
• In addition, management guidelines could be developed.
• Whenever an instance of discrimination is suspected, the matter should be cleared up as fast and fully as possible.

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