The Allgemeines Gleichbehandlungsgesetz (AGG) protects employees and applicants against discrimination based on the characteristics listed in § 1 AGG, such as sex, age, disability or ethnic origin. It applies throughout the employment relationship and creates claims for compensation and damages (§ 15 AGG). Claims must be asserted in writing within two months.
At a glance
- Protected characteristics under § 1 AGG: race and ethnic origin, sex, religion and belief, disability, age, sexual identity
- Applies throughout the employment relationship, including application and career advancement
- Compensation for non-material harm and damages for material harm (§ 15 AGG)
- Claims must be asserted in writing within two months
- Eased burden of proof: employees need only present indicia (Indizien), after which the employer bears the burden of proof
- Different treatment is permissible only within narrow limits
Employer duties
- Protection against discrimination and harassment, including preventive measures and training (§ 12 AGG)
- Setting up an internal complaints body (Beschwerdestelle) that employees can turn to
- Publicising the Act and the responsible Beschwerdestelle within the workplace
FAQ
Which characteristics are protected?
Exhaustively those listed in § 1 AGG: race and ethnic origin, sex, religion and belief, disability, age, and sexual identity. Disadvantages on other grounds do not fall under the AGG.
What deadline applies to claims?
Claims for compensation or damages must be asserted in writing within two months. For an application or a promotion, the period starts when the rejection is received; otherwise, when the employee becomes aware of the disadvantage.
Who has to prove discrimination?
Employees need only present indicia suggesting discrimination on a protected ground. The employer then bears the burden of proving that no breach occurred.
Is different treatment always prohibited?
No. The AGG allows exceptions, for example essential and decisive occupational requirements, religious grounds for faith-based employers, or objectively justified age limits.
Last updated: August 2026
This article provides general information and is not a substitute for legal advice in individual cases.
