QUOTE (Anja Mengel)
On June 29, 2006 the German Parliament adopted the General Act on Equal Treatment (Allgemeines Gleichbehand-lungsgesetz– “AGG�). The AGG came into effect on 18 August 2006. The Act profoundly changes the legal frame-work for employment relationships in Germany. Employers need to act now in order to avoid damages claims. Does any unequal treatment constitute a prohibited discrimination?
The purpose of the new act is to ensure equal treatment for all in the workplace. As a result, employers are now expressly prohibited from discriminating against job applicants or employees on the basis of gender, race or ethnic origin; religion or belief; age; disability; or sexual orientation. By passing this act, Germany has—at this late stage—implemented four EU directives regarding anti-discrimination, and has further increased the protection of job applicants and employees against potential discrimination. Thus far, German anti-discrimination rules were, with few exceptions, based on the constitutional charter of human rights and case law.
Pursuant to the AGG, a job applicant or an employee who has been discriminated against can claim damages within two months from becoming aware of such discrimination. Damages may also include a claim for non-pecuniary loss, such as pain and suffering. In addition, discriminatory agreements entered into with an employer or discriminatory sanctions imposed by an employer, such as termination on discriminatory grounds, are void. Under the new law, the employer is also obliged to protect employees from discrimination and discriminatory harassment by coworkers or third parties, such as customers.
The purpose of the new act is to ensure equal treatment for all in the workplace. As a result, employers are now expressly prohibited from discriminating against job applicants or employees on the basis of gender, race or ethnic origin; religion or belief; age; disability; or sexual orientation. By passing this act, Germany has—at this late stage—implemented four EU directives regarding anti-discrimination, and has further increased the protection of job applicants and employees against potential discrimination. Thus far, German anti-discrimination rules were, with few exceptions, based on the constitutional charter of human rights and case law.
Pursuant to the AGG, a job applicant or an employee who has been discriminated against can claim damages within two months from becoming aware of such discrimination. Damages may also include a claim for non-pecuniary loss, such as pain and suffering. In addition, discriminatory agreements entered into with an employer or discriminatory sanctions imposed by an employer, such as termination on discriminatory grounds, are void. Under the new law, the employer is also obliged to protect employees from discrimination and discriminatory harassment by coworkers or third parties, such as customers.