“EUReKA – A Key Access to EU Rights” is a project funded by the European Rights, Equality and Citizenship – REC Programme. The project aims at contributing to facilitate the exercise of free movement rights and mobile EU citizens’ inclusion and participation in the host Member States through a joint local, national and transnational circulation of capacity and expertise and an advanced level of access and usability of digital information.
The General Equal Treatment Act (AGG) is the uniform central set of rules in Germany for the implementation of four European anti-discrimination directives that have been issued since 2000. After several infringement proceedings against the Federal Republic of Germany, the AGG finally came into force on August 18, 2006. For the first time, a law was created in Germany that provides protection against discrimination on grounds of racist or ethnic origin, gender, religion or belief, disability, age or sexual identity by private actors (e.g. employers, landlords, providers of goods and services) comprehensively regulates.
The law contains rights and obligations for employers as well as for employees. The entire application process, starting with the job posting, must be non-discriminatory. In existing employment relationships, employees have the right to protection from discrimination. You can claim damages or compensation and complain to employers about discrimination. For this purpose, a corresponding complaints office must be set up in all companies, and all employees must be informed about its existence. Employers must ensure that there is no discrimination. In addition, they are obliged to take action against employees who discriminate against other colleagues. The possible measures range from a transfer to a warning to termination.
The protection against discrimination of the General Equal Treatment Act also applies to everyday business such as shopping, insurance and banking transactions and when going to restaurants or clubs.
Ten years after the General Equal Treatment Act came into force, the Federal Anti-Discrimination Agency is in favour of reforming the law. In doing so, it is based on the results of an independent evaluation committee. Protection gaps would have to be closed so that people can take action against discrimination more effectively. Among other things, the experts are in favour of extending the deadlines within which those affected must assert claims. The possibilities of legal action for those affected should also be facilitated by the introduction of a collective right of action.
General Equal Treatment Act / Allgemeines Gleichbehandlungsgesetz (AGG) of August 2006
Evaluation oft he General Treatment Act (Allgemeines Gleichbehandlungsgesetz)
Legal comparison of the European systems on anti-discrimination law
Bundesministerium für Familie, Senioren, Frauen und Jugendliche
Federal Minister for Family Affairs, Senior Citizens, Women and Youth
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