Sexual harassment in the workplace is not a marginal phenomenon—it affects employees across all industries, hierarchical levels, and genders. According to a recent study by the Institute for Employment Research (IAB) from 2025, 20 percent of all employees in Germany have experienced cases of sexual harassment either directly or in their immediate work environment—among women, the figure is as high as 24 percent, and among men, 15 percent. These figures make it clear: Protecting personal dignity and sexual self-determination in the workplace is an urgent social and legal priority. German labor law provides those affected with a clear set of tools for this purpose—provided one knows how to use them.
Current Legislation: In June 2023, Germany ratified ILO Convention No. 190, the first international convention on the elimination of violence and harassment in the world of work. It entered into force in Germany on June 24, 2024, and requires the German legislature to further strengthen protections for victims. A legal opinion issued by the Federal Anti-Discrimination Agency in February 2026 found that Germany lags significantly behind other EU countries in terms of protection against sexual harassment outside the workplace: While the AGG provides a solid framework of protection in the workplace, Germany—as the only EU country—lacks an explicit legal prohibition of sexual harassment in access to services and goods, such as in the housing market, driving schools, or gyms.
Key takeaways
- Sexual harassment in the workplace is prohibited under Section 3(4) of the General Equal Treatment Act (AGG); employers are required to implement protective and preventive measures under Section 12 of the AGG
- 20% of German workers have experienced sexual harassment in the workplace (IAB, 2025); the number of unreported cases is high
- Affected individuals have the right to file a complaint, refuse to provide services, and seek compensation
- ILO Convention No. 190 has been in effect in Germany since June 24, 2024—an important step toward strengthening protections
- 72% of companies with reported cases report negative effects on morale, productivity, and employee turnover
What constitutes sexual harassment in the workplace under the law?
According to Section 3(4) of the General Equal Treatment Act (AGG), sexual harassment occurs when there is unwanted, sexually motivated conduct that is intended to or has the effect of violating a person’s dignity. The decisive factor here is not whether the perpetrator has a sexual intent—the Federal Labor Court (BAG) has explicitly clarified this. The Federal Anti-Discrimination Agency summarizes the forms as follows:
- Physical: unwanted touching, sexual assault
- Verbal: sexualized comments, lewd jokes, remarks about appearance
- Nonverbal: suggestive glances, showing pornographic images or content
- Digital: harassing messages, sexually explicit emails or chat messages
Example: A supervisor who repeatedly makes unwanted comments to a female employee about her appearance and sends her unsolicited images of a sexual nature is guilty of sexual harassment under the AGG—even if he claims he didn’t mean it seriously.
What are the employer's obligations?
Under Section 12 of the General Equal Treatment Act (AGG), employers have a comprehensive duty to protect. They must not wait until an incident is reported to take action, but must actively work to prevent such incidents. Their specific duties include:
- Preventive measures: Training and awareness-raising for employees and managers
- Requirement to post: In accordance with Section 12(5) of the AGG, the text of the AGG must be made available to all employees
- Duty to respond: Upon becoming aware of an incident, the employer must investigate the substance of the complaint and take appropriate measures—ranging from a written warning to a transfer or termination (Section 12(3) of the General Equal Treatment Act)
- Duty to Investigate: Employers Have a Duty to Actively Investigate – #MeToo Incidents in the Workplace Are Not a Private Matter
Nevertheless, there are significant gaps in current practices: According to an IAB study (2025), only 58% of companies have procedures in place to address sexual harassment, and only 15% have conducted preventive training in the past two years.
What rights do affected individuals have?
The AGG grants affected individuals three key rights. You can find a comprehensive overview of equality in the workplace and current challenges in our in-depth article.
- Right to file a complaint (Section 13 of the General Equal Treatment Act): Affected individuals may file a complaint with their employer or an in-house grievance office without fear of retaliation.
- Right to Refuse to Work (Section 14 of the General Equal Treatment Act): If the employer fails to take any measures or takes inappropriate measures despite having been informed, employees may refuse to work—without losing pay.
- Claims for Damages and Compensation (Section 15 of the General Equal Treatment Act): In the event of a proven violation, a claim may be made for damages for pecuniary loss as well as compensation for non-pecuniary loss (compensation for pain and suffering).
What specific steps can those affected take?
Anyone who experiences sexual harassment in the workplace should take a structured approach:
- Documentation: Record the date, time, location, people involved, and the exact details of the incident in writing
- Identify witnesses: Make a note of any coworkers who witnessed the incident
- File a complaint: Submit a written complaint to your employer, the human resources department, or a representative at your workplace
- Involve the works council: The works council has the right to participate in decision-making and can help ensure that your rights are upheld
- Seeking legal advice: An employment lawyer can realistically assess the chances of success for a lawsuit or out-of-court settlement
💡 Important: Claims under the AGG must be filed in writing within two months of the incident (Section 15(4) AGG). This deadline must not be missed under any circumstances.
Can an employer be held liable for inaction?
Yes—and that can be costly for companies. If an employer takes no action or takes measures that are clearly inadequate in response to a complaint, the employer is liable for the resulting damages under Section 15 of the General Equal Treatment Act (AGG). Furthermore, a failure to take appropriate measures under labor law may entitle the harassed employee to refuse to work—without the employer being permitted to terminate their employment for that reason. In serious cases, immediate termination of the perpetrator without prior warning may also be justified, as the Federal Labor Court (BAG) has confirmed in several rulings.
Take action now: If you’re unsure about what steps to take—whether you’re an employee or an employer —contact us for a free initial consultation on employment law.
What role does the works council play?
The works council serves as an important safeguard for affected individuals. Under the Works Constitution Act (BetrVG), it has both the right and the duty to raise objections to violations of the General Equal Treatment Act (AGG) and to urge the employer to take corrective action. According to Section 85 of the BetrVG, employees may also contact the works council directly if an internal complaint to the employer is unsuccessful. According to an IAB study (2025), companies with a works council are demonstrably more likely to have preventive measures in place than companies without employee representation.
What preventive measures can companies take?
Prevention is not only a moral necessity but also an economic one: 72% of companies where cases of sexual harassment have come to light report negative effects on morale, productivity, absenteeism, and employee turnover. Recommended measures include:
- Company Policies: Document and communicate clear standards of conduct and a zero-tolerance policy
- Regular training: Awareness-raising training for managers and employees (Section 12(2) of the General Equal Treatment Act)
- Confidential Advisors/Ombudsman Offices: Designate neutral points of contact for affected individuals – currently, only 34% of companies have such a position
- Anonymous reporting channels: Anonymous reporting channels lower the barrier to reporting
- Corporate Culture: Management actively promotes a culture of mutual respect
Would you like to ensure your business is legally compliant? Our law firm would be happy to advise you on drafting compliance guidelines and employment contracts that comply with the AGG.
[h2]What are the rules regarding digital harassment and working from home?[/h2]
Does protection against sexual harassment also apply when working from home and in digital communication?
Yes—the scope of the AGG extends to the entire workplace, regardless of whether the harassment occurs in the office, on business trips, at company events, or via digital channels such as email, instant messaging, or video conferences. ILO Convention 190—in force in Germany since June 2024—expressly defines the “workplace” broadly and explicitly includes digital communication. Employers are therefore also obligated to take preventive measures and respond appropriately in the context of remote work.
What changes will ILO Convention 190 bring about?
ILO Convention No. 190, which entered into force in Germany on June 24, 2024, is the first international framework to comprehensively address violence and harassment across the entire world of work. Among other things, it obligates Germany to ensure broad protection for all employees—including interns, temporary workers, and informally employed individuals—and to establish clear employer obligations regarding prevention and intervention. However, a legal opinion issued by the Federal Anti-Discrimination Agency in February 2026 warns that Germany has so far only partially met these requirements, as there is no general civil law prohibition on sexual harassment outside the employment relationship.
Conclusion
Sexual harassment in the workplace is a legal issue with far-reaching consequences—for both victims and companies. The AGG provides a solid legal framework: It clearly defines the offense, establishes employer obligations, and grants specific rights to those affected. Yet reality reveals significant gaps: Too few companies implement preventive measures, and many victims—especially women—do not trust that their employer will respond appropriately. With the ratification of ILO Convention 190 and increasing political pressure, Germany is facing important revisions to labor law. Anyone seeking to assert their rights as a victim or to act in a legally compliant manner as an employer should consult a labor law attorney early on—because the deadlines under the AGG are short and the legal context is complex.
