Discrimination in the workplace is unfortunately not a marginal phenomenon—for many people in Germany, it is part of everyday life. According to the 2024 annual report of the Federal Anti-Discrimination Agency, more than 11,400 requests for advice were received last year, a new record high. One in three of these cases concerned working life: job hunting, job interviews, or the workplace itself. Since 2019, the number of reported cases has nearly tripled. Those who are discriminated against often feel alone – yet German labor law provides comprehensive protection for employees. This article explains what rights employees have, what concrete steps can be taken, and where the weaknesses in the system lie.
What exactly is discrimination in the workplace?
Discrimination in the workplace occurs when a person is treated less favorably than others in a comparable situation on the basis of certain personal characteristics. The intention of the perpetrator is not decisive—what counts is the objective effect on the person concerned in terms of their opportunities and rights. Discrimination can be overt and direct (e.g., a job applicant is rejected because she is pregnant) or covert and indirect (e.g., a rule that disproportionately disadvantages certain groups without objective justification).
What characteristics does the law protect?
The central protective law in German labor law is the General Equal Treatment Act (AGG), which has been in force since 2006. It prohibits discrimination on the basis of:
- Race or ethnic origin
- Gender (including pregnancy and parenthood)
- Religion or worldview
- disability
- age
- Sexual identity
The AGG applies to all phases of the employment relationship—from job advertisements to promotions and salary negotiations to termination. Characteristics such as appearance, body weight, or social background, on the other hand, are not explicitly covered by the AGG, even though they are often grounds for discrimination in practice.
How common is discrimination in the workplace really?
The official figures show only a fraction of the actual cases. According to studies, one in three people in Germany has already experienced discrimination as defined by the AGG. In 2024, according to the Federal Anti-Discrimination Agency, racial discrimination was the most common category at 43 percent, followed by discrimination on the grounds of disability (27 percent) and gender (24 percent). Particularly alarming is the fact that women are already being screened out during the application process because employers fear they may have children or return from parental leave. The number of unreported cases is high—most of those affected suffer discrimination in silence.
What rights do employees have in cases of discrimination?
The AGG provides for two main claims in cases of proven discrimination:
- Damages (Section 15 (1) AGG): Compensation for specific financial losses, such as lost salary in the event of discriminatory rejection of a promotion. This is subject to the employer being at fault.
- Compensation (Section 15 (2) AGG): A kind of "compensation for pain and suffering" for immaterial damages—i.e., for the emotional stress caused by discrimination. This claim exists even without provable financial loss and without fault on the part of the employer.
In addition, employees have the right to refuse to perform discriminatory work without fear of professional disadvantages (prohibition of disciplinary action, Section 16 AGG). They may complain without being warned or dismissed for doing so.
What specific steps should you take after experiencing discrimination?
Anyone who experiences discrimination in the workplace should take swift and structured action:
- Document: Record the date, time, location, and exact details of the incident—preferably in writing and as soon as possible.
- Name witnesses: Write down the names of people who witnessed the incident.
- Submit a complaint: Through the employer's internal complaint procedure (Section 13 AGG), which every company is required to establish.
- Seek external advice: The Federal Anti-Discrimination Agency offers free legal advice. Trade unions, works councils, and lawyers specializing in labor law are also competent points of contact.
- Asserting claims: In writing and within the statutory period.
Which deadlines must be strictly adhered to?
This is one of the biggest pitfalls in German anti-discrimination law: under the AGG, those affected currently have only two months to assert their claims in writing to their employer—calculated from the point at which they became aware of the discrimination. This period is extremely short and has been heavily criticized by experts. The Federal Anti-Discrimination Agency is calling for a reform to at least twelve months, as Germany is one of the worst performers in Europe in this regard. Anyone who misses the two-month deadline usually loses their right to compensation – regardless of how clear-cut the discrimination was.
What happens if a termination is discriminatory?
Termination itself can constitute a form of discrimination—for example, if it is based on the gender, age, or disability of the person concerned. In such cases, several levels of protection under labor law apply. Those affected can file an action for unfair dismissal with the competent labor court within three weeks of receiving written notice of termination. The court will then examine whether the dismissal is socially justified and lawful. If the lawsuit is won, continued employment or, alternatively, a severance payment can be agreed upon. Especially if a dismissal is clearly based on a characteristic covered by the AGG, there is a good chance of reaching an out-of-court settlement with an appropriate severance payment.
Where are the current weaknesses in protection?
Despite the AGG, there are significant gaps in protection. The law does not apply in the public sector: discrimination by government agencies, authorities, state schools, the police, or the judiciary is not covered by the AGG. The Independent Federal Anti-Discrimination Commissioner, Ferda Ataman, sums it up: In Germany, you are better protected against discrimination at the bakery than at the civil registry office. Furthermore, according to expert opinion, the AGG often does not even meet European minimum standards. Reform has been called for for years – so far without any significant legislative success. New EU directives (including Directives (EU) 2024/1499 and 2024/1500) must be transposed into national law by June 2026 and could close some of the gaps.
What role do the works council and trade union play?
Works councils are important allies in cases of discrimination. They have a right of co-determination in personnel matters and can block measures that violate the AGG. Trade unions also offer legal protection and advice to their members—often free of charge and with experienced labor law attorneys. Those who belong to a trade union have a considerable advantage in cases of discrimination: the support of an experienced organization can make the difference between inaction and a successful complaint or lawsuit.
Conclusion
Discrimination in the workplace is widespread in Germany, but it is not without legal protection. The AGG offers clear claims for damages and compensation—provided that those affected act quickly and document everything carefully.
The most important message: the two-month deadline cannot be extended. Anyone who is discriminated against should seek advice immediately—from the Federal Anti-Discrimination Agency, a trade union, or a lawyer specializing in labor law. In serious cases, especially in the event of discriminatory dismissals, an action for unfair dismissal or negotiations for severance pay may be appropriate courses of action. The law is on the side of those affected—you just have to use it.
