Germany
Overview
Please review the information below and then return to the workplace harassment prevention course.
Harassment and discrimination based on a protected characteristic are prohibited under national law.
Applicable Laws
The primary national law prohibiting employment discrimination and harassment on the basis of a protected characteristic is the General Equal Treatment Act.
Protected Characteristics
Harassment or discrimination based on any characteristic set forth below is prohibited in Germany.
- Age
- Disability
- Race
- Ethnic origin
- Religion or belief
- Gender
- Sexual orientation
Under national law, discrimination and harassment are generally prohibited even where they do not concern any of the above characteristics.
Regional, state or other political subdivision laws may provide additional, separate standards and remedies for certain prohibited conduct.
Definitions
Harassment
Harassment is deemed to be unlawful discrimination when unwanted conduct in connection with any protected characteristic takes place with the purpose or effect of violating the dignity of the person concerned and of creating an intimidating, hostile, degrading, humiliating or offensive environment.
Sexual Harassment
Sexual harassment is deemed to be unlawful discrimination when unwanted conduct of a sexual nature, including unwanted sexual acts and requests to carry out sexual acts, physical contact of a sexual nature, comments of a sexual nature, as well as the unwanted showing or public exhibition of pornographic images, takes place with the purpose or effect of violating the dignity of the person concerned, in particular where it creates an intimidating, hostile, degrading, humiliating or offensive environment.
Filing a Claim in Germany
A complaint relating to employment discrimination or harassment may be filed with the Federal Anti-Discrimination Agency.
Employment discrimination and harassment claims may also be filed in court.
Potential Remedies
In Germany, an employee who has experienced workplace discrimination or harassment may be entitled to monetary and other remedies. An employer may be required to take certain actions to correct or redress discriminatory harassment or violations of workplace safety standards. Potential remedies are listed below.
- Compensation for lost wages and benefits
- Damages for injury to dignity or feelings
- Cease and desist orders
Retaliation Prohibited
Employer retaliation against an employee who files a complaint relating to discrimination or harassment or is involved in the complaint process is unlawful.
The information contained on this page is for informational purposes only.
It does not, and is not intended to, constitute legal advice.