Discrimination and equal treatment

The Equal Treatment Commission is set up at the Federal Chancellery. It deals with all issues relating to discrimination. The commission can examine individual cases and prepare expert opinions. The decisions of the Equal Treatment Commission are recommendations.

The procedure is free of charge. The Equal Treatment Commission and the court can be called upon independently of each other. However, claims for damages under the Equal Treatment Act must only be asserted in court. The Ombuds Office for Equal Treatment, which is set up at the Federal Chancellery, advises and supports people who feel discriminated against.

The Equal Treatment Act stipulates the following claims or sanctions in the event of a violation of the principle of equal treatment:

• Establishment of the employment relationship: If the employer violates the principle of equal treatment and the employment relationship does not come into existence as a result, the job applicant is entitled to compensation.
  
• Determination of remuneration: If an employee (without objective justification) receives less remuneration than an employee (and vice versa) for the same or equivalent work, she is entitled to equal pay or payment of the difference (no more than 3 years ago), in addition to compensation for the personal impairment suffered.
  
• Income information in job advertisements: Companies and private employment agencies must state the minimum wage applicable to the advertised job in the job advertisement and point out if overpayments are common in the company. If an advertisement does not meet these criteria, there are sanctions. The application for the imposition of a penalty can be filed by job applicants or the Ombuds Office for Equal Treatment .
  
• Income reports: Every two years, companies of a certain size must prepare an anonymised report on the income situation of women and men depending on the employment group. The report must be submitted to the works council or placed in a room accessible to all employees and pointed out to it. This makes it easier for employees to identify income discrimination.
• Voluntary social benefits that do not constitute remuneration: The employee is entitled to the corresponding social benefit, i.e. an additional benefit from the company associated with the employment relationship. In addition, there is a right to compensation for the personal impairment suffered.
  
• In-company training and further education: The employee is entitled to be included in the in-company training and further education measure that was denied on the basis of gender, or – if, for example, the training for it was completed externally – the reimbursement of the resulting costs; in addition, there is a right to compensation for the personal impairment suffered.
  
• Career advancement, especially promotions: If an employee is denied career advancement on the basis of gender without objective justification, then he or she is entitled to compensation. In addition, there is a right to compensation for the personal impairment suffered.
  
• Other working conditions: An employee is entitled to the same working conditions as an employee and vice versa. This is to be understood comprehensively and refers in any case to all measures of employee protection, the equipment of the workplace or the adjoining rooms (equipment, light and air conditions, noise, dirt), the assignment of specific work tasks, but also the response to vacation requests or requests for a change in working hours or transfer. Here, too, there is an additional entitlement to compensation for the personal impairment suffered.
  
• Sexual harassment, gender-based harassment, harassment on the basis of ethnicity, religion or belief, age, sexual orientation: The employee is entitled to compensation for the personal impairment suffered, initially vis-à-vis the harasser – regardless of whether this is an employer himself, a work colleague or even a clientele, at least € 1,000,-. In addition, he or she has a claim for damages against the company if he or she has not provided appropriate remedy against harassment by third parties. An "appropriate remedy" must effectively prevent further harassment and can range from a warning to dismissal or dismissal.
  
• Termination of employment: The employee can appeal a dismissal or dismissal to the labour court within 14 days. However, he or she can also let the termination work against him or her and assert claims for damages instead.

Attention: The challenge must be received by the Labour and Social Court within 14 days of receipt of the dismissal/dismissal, declaration of dissolution or expiry of the deadline. With regard to claims for damages, a period of 6 months applies.

If you assert claims under the Equal Treatment Act or complain about discrimination, this must not lead to any disadvantages under employment law or to the termination of your employment relationship. The same applies to the support of other employees. The violation of this prohibition of discrimination is also considered discrimination and entails the claims described above.