Homepage > Administrative Portal Hesse

Equal treatment in the workplace

Gültigkeitsgebiet: Bundesweit

Quick info

Here you will find further information on the topic of equality.

Description

Regulations against discrimination in the workplace

The General Equal Treatment Act (AGG) entered into force in 2006.

Is protects against discrimination from:

  • racist reasons 
  • due to ethnic origin
  • of the gender
  • religion 
  • the worldview
  • a disability
  • of age 
  • sexual identity. 

The AGG is primarily applied in applied to two areas of life. For one, the Protection in the Workplace:

  • Job postings
  • Application Materials
  • Selection Process
  • Discrimination in Education and Training
  • Promotion
  • Dismissal.

In addition, the AGG provides Protection in Everyday Transactions:

  •  so-called mass-market businesses
  •  such as shopping, taking the train or bus, or going to restaurants, nightclubs, or hair salons.

The AGG also provides protection when looking for housing, as well as in insurance and banking transactions.

Harassment are also a form of discrimination. They refer to undesirable actions in connection with a Ground of discrimination, which violate a person's dignity and create an environment of intimidation, hostility, humiliation, degradation, or insults. This also includes sexual harassment.

The law sets forth rights and obligations for both employers and employees. The entire application process, beginning with the Job Posting, must non-discriminatory be structured. In existing employment relationships, employees are entitled to Protection Against Discrimination. You can seek damages or compensation and file a complaint with your employer regarding discrimination. To do so, every workplace must have a corresponding Complaints office must be established, and all employees must be informed of their existence. Employers must ensure that discrimination does not occur. In addition, they are obligated to take action against employees who discriminate against others. The possible measures range from a Disciplinary action ranging from a written warning to termination.

If the person engaging in discrimination does not stop the discrimination, the affected person must, before Seek justice in court. Within 2 months Compensation and damages must be sought. Under civil law, there is also a right to demand that the discrimination cease in the future. However, very few cases of discrimination are resolved through litigation; instead, they are resolved through a amicable settlement Enclosed.

The Federal Anti-Discrimination Agency offers telephone and initial written consultation. Every person who feels they have been discriminated against can contact the anti-discrimination agency's counseling service free of charge and confidentially. The counseling team provides information on the legal situation, potential claims, and deadlines. In addition, advisors can establish contact with specialized local counseling centers. Regional advisory centers in the immediate vicinity are in the Database of the Federal Anti-Discrimination Agency Recorded.

Equal pay regulations for men and women

The law on Promotion of pay transparency between women and men (EntgTranspG) entered into force on July 6, 2017.

According to the EntgTranspG, gender-based pay discrimination is prohibited. Women and men must receive the same pay for equal or equivalent work.

The goal of the law is to support women (and men) in their Right to equal pay to better assert themselves for equal or equivalent work.

To achieve this goal, the law provides for the following components:

  1. Individual right of access

Employees of employers with generally more than 200 employees have the right to know according to which Criteria they know how they are paid. The right to information extends to:

  • the criteria and procedures for determining pay for one's own salary and for a requested comparable position, as well as the amount of the requested comparable salary.

In addition to the average monthly gross salary, up to 2 separate salary components can be requested.

  1. Company inspection procedures

Private employers with generally more than 500 employees are requested to, binding company procedures to carry out for the review and establishment of equal pay under their own responsibility.

This with the participation of work councils and information of the employees.

  1. Reporting obligation

The law provides for a reporting obligation on the equality and equal pay of women and men for employers with generally more than 500 employees, provided they are required to prepare a management report under the Commercial Code.

Companies must report regularly about

  • the measures for Promotion of equality and their effects,
  • the measures to establish equal pay, for example via the applicable pay regulations and job evaluation method

The reports are in the publish the Federal Gazette as an annex to the management report.

Legal basis

further information

Technical approval

Federal Ministry for Family Affairs, Senior Citizens, Women and Youth

Stichwörter

  • Beratungsstelle
  • Message
  • Discrimination
  • Equal Treatment Act
  • job evaluation method
  • Company inspection procedures
  • Minimum Wage Reporting Portal
  • Individual right of access
  • Promotion of pay transparency
  • Complaints office
  • Federal Anti-Discrimination Agency
  • Pay transparency
  • Gender Pay Gap
  • Workplace discrimination
  • Directorate General of Customs
  • Reporting obligation
  • comparative salary
  • Entgelttransparenzgesetz
  • Advisory centers