General Equal Treatment Act

Original Language Title: Allgemeines Gleichbehandlungsgesetz

Read the untranslated law here: http://www.gesetze-im-internet.de/agg/BJNR189710006.html

General equal treatment Act (AGG) AGG Ausfertigung date: 14.08.2006 full quotation: "General equal treatment Act of August 14, 2006 (BGBl. I S. 1897), most recently by article 8 of the law of 3 April 2013 (BGBl. I p. 610) is has been modified" stand: last modified by article 8 G v. 3.4.2013 I 610 for more information on the stand number you see in the menu see remarks footnote (+++ text detection from: 18.8.2006 +++) the G as article 1 of the G v. 14.8.2006 I in 1897 by the German Bundestag decided. It is as per article 4 set 1 of this G 18.8.2006 entered into force.
Section 1 General section § 1 the aim of the Act is law, to prevent discrimination based on race or ethnic origin, sex, religion or belief, disability, age or sexual identity or to eliminate.

§ 2 scope of application (1) disadvantages for a reason referred to in paragraph 1 in accordance with this Act inadmissible in terms of are: 1 the conditions, including selection criteria and recruitment conditions, access to imputed and self-employed gainful employment, regardless of activity and professional position, as well as for the promotion, 2. employment and working conditions including remuneration and dismissal conditions, particularly in individual - and group-legal arrangements and measures in the implementation and termination of an employment relationship as well as the promotion , 3. access to all types and to all levels of vocational guidance, vocational training including vocational training, advanced vocational training and retraining, as well as practical work experience, 4. membership and participation in a workers - or Association of employers or an association, the members of a particular profession belong to, including the use of the services of such associations, 5. social protection, including social security and healthcare , 6 social advantages, 7 8 education, access to and the supply of goods and services which are available to the public, including housing.
(2) the social security code according to § 33 c of the first book of the social code and section 19a of the fourth book of the social code shall apply for services. The occupational pension Act applies to the company pension plan.
(3) the validity of any other discrimination prohibitions or commandments of equal treatment will not be affected by this law. This also applies to public service regulations, which are aimed at protecting certain groups of people.
(4) only the provisions relating to General and specific protection apply for cancellations.

Section 3 definitions (1) a direct discrimination occurs when a person due to a reason referred to in section 1 experiences a less favourable treatment than another person in a comparable situation undergoes, has been or would. A direct discrimination because of sex is no. 1 to 4 in relation to article 2, paragraph 1 in the case of a less favourable treatment of a woman because of pregnancy or maternity.
(2) indirect discrimination occurs when an apparently neutral provision, criterion or practice can penalise people because of a in section 1 of above ground compared to other people in a special way, unless the provision, criterion or practice is objectively justified by a legitimate aim, and are the means of achieving that aim are appropriate and necessary.
(3) a nuisance is a disadvantage, if unwanted behaviors that are referred to reason in connection with § 1, the purpose or effect of violating the dignity of a person and an of environment intimidating, hostile, degrading, humiliating or offensive is created.
(4) sexual harassment is a disadvantage in relation to article 2, paragraph 1 No. 1 to 4, if an unwanted, sexually specific behavior, including unwanted sexual acts and calls for this, sexually specific physical touching, remarks sexual content and unwanted ads and visible application of pornographic representations, purpose or effect violating the dignity of a person, in particular when an intimidating , Hostile, degrading, humiliating or offensive environment environment.
(5) the statement to the disadvantage of a person for a reason referred to in section 1 is regarded as discrimination. Such a statement is no. 1 to 4 in particular in relation to article 2, paragraph 1, if someone determined, discriminated against a person to conduct the a worker or an employee due to a reason referred to in section 1 or may disadvantage.

§ 4 different treatment because of several reasons is a different treatment for several of the reasons referred to in paragraph 1, so that difference in treatment can be justified only after §§ 8 to 10 and 20, if extends the justification on all of these reasons, which is the difference in treatment.

§ 5 positive action regardless of the reasons named in §§ 8 to 10, as well as in article 20 is also permitted a different treatment if adequate and appropriate measures to prevent or compensate existing disadvantages because of a in section 1 of above reason.
Section 2 protection of employees against discrimination under section 1 prohibition of discrimination section 6 personal scope (1) employed in the meaning of this law 1. workers and employees, 2. are employees, to their vocational training 3. persons, because of their economic dependence as employee-like persons which are; These in home work include employees and the them equal.
The applicants and applicants for employment, as well as the persons whose employment is terminated are considered employees.
(2) employers (employers and employers) in the sense of this section are natural and legal persons as well as legal partnerships which employ persons referred to in paragraph 1. Are employees left to a third party for the performance of the work, this is regarded as an employer within the meaning of this section. For the in work at home employees and the them equal takes the place of employer of the contracting authority or intermediate champions.
(3) as far as the conditions for access to employment, as well as the career progression, the provisions of this section apply to self-employed and members of governing bodies, in particular Managing Director or managing directors and Board members, accordingly.

§ 7 Prohibition of discrimination (1) employees may not be; disadvantaged due to a reason referred to in section 1 the same applies if the person who commits the disadvantage, only accepts the existence of grounds referred to in paragraph 1 at the disadvantage.
(2) provisions in agreements which violate the prohibition of discrimination referred to in paragraph 1, shall be invalid.
(3) a disadvantage is a breach of contractual obligations pursuant to paragraph 1 by employers or employees.

Section 8 allowed different treatment because of work-related requirements (1) a different treatment due to a reason referred to in section 1 is permitted if this ground because of the way of to performing activities or conditions of their exercise represents a genuine and determining occupational requirement, provided that the purpose of legitimate and the requirement is proportionate.
(2) the agreement of a lower remuneration for equal or equivalent work due to a reason referred to in section 1 is not justified, that due to a reason referred to in section 1 special protection rules apply.

§ 9 allowed different treatment because of religion or belief (1) Notwithstanding article 8 is a different treatment because of religion or belief in employment by religious communities, the institutions associated with them regardless of their legal form or through associations, which make the community care of a religion or belief to the task, also permitted when a certain religion or belief in accordance with the understanding of the respective religious communities or association in respect to their right to self-determination, or according to the type of activity represents a legitimate occupational requirement.
(2) the prohibition of different treatment because of religion or belief shall not affect the right of the religious organizations referred to in paragraph 1, the associated facilities regardless of their legal form or the associations that make the community care of a religion or belief to the task to be able to require a loyal and sincere behavior in terms of their respective self understanding of their employees.

§ 10 allowed different treatment because of age regardless of § 8 is also permitted a discrimination grounds of age if it is objective and reasonable, and justified by a legitimate aim. The means of achieving that aim must be appropriate and necessary. Such different treatment may include in particular the following: 1.
the setting of special conditions on access to employment and to vocational training and employment and working conditions, including the conditions for remuneration and termination of the employment relationship, to the professional integration of young people, older workers and persons with caring responsibilities to promote or ensure their protection, 2. with the laying down of minimum conditions of age, professional experience or seniority in service for access to employment or for certain employment-related benefits , 3. the fixing of a maximum age for recruitment on the basis of the training requirements of or on the basis of the need for a reasonable period of employment before retirement, 4. the fixing of age limits in the operational systems of social security as a prerequisite for the membership or the cover for retirement or invalidity benefits, including the fixing of different age limits under these systems for certain employees or groups of employees and the use of age criteria in the framework These systems for the actuarial computation, 5. an agreement that provides for the termination of the employment relationship without notice at any time, the which or the employees can request a pension due to age section 41 of the sixth book of the social code remains untouched, have ruled out 6 differentiation of services in social plans within the meaning of the works Constitution Act, if the parties have created a compensation scheme differentiated according to age or length of service, in which significantly dependent on the age chances on the labour market have been considered recognizable by a relatively strong emphasis of the age, or employed by the services of the social plan, which are economically secured , because they are where appropriate after obtaining unemployment benefits, pension entitled.
Subsection 2 organisational obligations of the employer § 11 tender a workplace may not be written in violation of article 7, paragraph 1.

§ 12 measures and obligations of the employer (1) the employer is obliged to take the necessary measures to prevent discrimination due to a reason referred to in section 1. This protection includes preventive measures.
(2) the employer should in appropriate way, in particular in the context of vocational education and training, on the inadmissibility of such discrimination point out and ensure that they should not be. Has trained its employees in an appropriate manner for the purposes of the prevention of discrimination against the employer, it is considered fulfilment of his obligations referred to in paragraph 1 (3) violate workers against the discrimination prohibition of § 7 para 1, so the employer is appropriate in some cases, necessary and reasonable measures to eliminate the disadvantage such as cease and desist letter, implementation, to take transfer or termination.
(4) are discriminated against by third parties pursuant to § 7 para 1 employees in the exercise of their activity, the employer has to take in appropriate individual cases, necessary and reasonable measures to protect of employees.
(5) this law and section 61 are in operation or in the Office to make Labour Court Act, as well as information on bodies responsible for dealing with complaints according to § 13. The notice can be through posting or interpretation at a suitable place or use in operation or the usual information and communication technology services.
Subsection 3 rights of employees article 13 right of appeal (1) employees have the right to complain if they feel disadvantaged one in connection with their employment by the employer, supervisors, other employees or third due in section 1 of above ground with the competent authorities of the operation, the company or the Department. The complaint has to be checked and the result to inform employees of or the complainant.
(2) the rights of the employee representatives remain unaffected.

§ 14 performance refusal right takes the employer none or obviously unsuitable measures for the Elimination of harassment or sexual harassment in the workplace, the workers concerned are entitled to discontinue their work without loss of pay, as far as their protection is necessary to. section 273 of the civil code remains unaffected.

Article 15 compensation and damages (1) where a breach of the prohibition of discrimination is the employer obliged to compensate the damage incurred. This does not apply if the employer is not responsible for the breach of duty.
(2) due to a damage which is non-pecuniary damage, which or the employees may demand a reasonable compensation in money. The compensation may not exceed three monthly salaries when not adjusted, when the or the workers in discrimination-free selection would not been set.
(3) the employer is obliged in the application of collective legal arrangements only for the compensation if he is intentionally or grossly negligently.
(4) a must be claimed in writing under paragraphs 1 or 2 within a period of two months, unless the social partners have agreed otherwise. The period in the case of an application or a professional ascent with the access of denial, and in other cases of a disadvantage at the time in which the or the employees of the disadvantage becomes aware.
(5) in addition, claims against the employer, arising from other legislation remain unaffected.
(6) a violation of the employer against the prohibition of discrimination § 7 para 1 does not entitle on grounds of employment, apprenticeship contract, or a promotion, except as such arises out of any other legal reason.

Workers not because the use of rights under this section, or because of the refusal, execute a statement violates this section, section 16 disadvantage measures banning (1) who should employers. The same applies to persons who support the employees here or testify as witnesses or witnesses.
(2) the refusal or condoning discriminatory practices by affected employees cannot be used as a basis for a decision, affecting these workers. Paragraph shall apply accordingly 1 sentence 2.
(3) section 22 shall apply mutatis mutandis.
Subsection 4 supplementary provisions article 17 social responsibility involved (1) social partners, employers, employees and their representatives are invited to participate of the objective referred to in paragraph 1 within the framework of its tasks and possibilities of action.
(2) in establishments where there are the conditions of § 1 para 1 sentence 1 of the works Constitution Act, the Works Council or a Trade Union represented in the operation under the condition of § 23 para 3 sentence 1 of the works Constitution Act can claim a gross abuse of the employer against the provisions of this section Court therein rights; § 23 para 3 sentence 2 to 5 of the works Constitution Act shall apply mutatis mutandis. With the application, not claims of the disadvantaged may be claimed.

Article 18 membership in associations (1) the provisions of this section shall apply accordingly for the membership or participation in a 1 Party of the collective agreement, 2. Association whose Mitglieder of a particular profession belong to or which has a superior position of power in economic or social life, if there is a fundamental interest in the acquisition of membership, as well as their respective mergers.
(2) if the rejection represents a violation of the prohibition of discrimination in section 7, paragraph 1, an entitlement to membership or participation in the associations referred to in paragraph 1.
Section 3 protection against discrimination in the civil law section 19 civil (1) a prohibition of discrimination discrimination based on race or ethnic origin, because of sex, religion, disability, age or sexual identity in the rationale, implementation and termination of civil obligations, the 1st typically without respect of persons on similar terms in a variety of cases concluded come (bulk sales) or where the reputation of the person according to the type of obligation has a subordinated role and to comparable conditions in a variety of cases come about or 2. have private insurance to the subject, is not permitted.
(2) a disadvantage based on race or ethnic origin is forbidden also in the rationale, implementation and termination of any other civil law obligations in the sense of § 2 para 1 No. 5 to 8.
(3) in the case of the rental of living space, a different treatment in terms of creating and maintaining socially stable resident structures and balanced settlement structures as well as balanced economic, social and cultural conditions is allowed.
(4) the provisions of this section shall not apply to obligations of family and inheritance.
(5) the provisions of this section do not apply to civil obligations, which establishes a special close - or mutual trust of the parties or their relatives. For tenancies in particular the performance may vary, if the parties or their families take advantage of housing at the same site. Rental housing not only temporary use is usually not a business within the meaning of paragraph 1 No. 1, if the landlord rents a total of not more than 50 apartments.

Article 20 allowed different treatment (1) a violation of the prohibition of discrimination is not given if a factual reason for a difference in treatment because of religion, disability, age, sexual identity or gender. This can be particularly the case if the difference in treatment 1 avoiding risks, the prevention of damage or other purposes serve comparable, 2. takes into account the need for protection of privacy or personal security, 3. grant special advantages and lacks an interest in gender equality, 4. to the religion of a people continues and in respect of the exercise of freedom of religion or on the self-determination right of religious communities , the associated facilities regardless of their legal form, as well as the associations that make the community care of a religion to the task, is justified in accordance with the respective identity.
(2) costs related to pregnancy and motherhood may cause different premiums or services never. Different treatment because of religion, disability, age or sexual orientation is only permissible in the case of § 19 para 1 No. 2, if it is based on accepted principles of risk-adequate pricing, especially on an actuarially calculated risk assessment using statistical surveys.

Claims (1) who can disadvantaged for breach of the prohibition of discrimination without prejudice to further claims, the Elimination of adverse effects require § 21. More impairments are to get, so he can complain to refrain from.
(2) in the case of a violation of the prohibition of discrimination the discriminatory is obliged to compensate the damage incurred. This does not apply if the discriminatory is not responsible the breach of duty. Because of damage, which is non-pecuniary damage, the disadvantaged may demand a reasonable compensation in money.
(3) claims based on tort shall remain unaffected.
(4) on an agreement that is different from the prohibition of discrimination, the discriminatory cannot rely.
(5) a must be claimed under paragraphs 1 and 2 within a period of two months. After the deadline the can be claimed only, if the disadvantaged without fault to the extent that the deadline was prevented.
Section 4 legal protection section 22 a disadvantage due to a reason referred to in section 1 burden of proof if in case of dispute, one party proves evidence, suggest, the burden of proof that no violation of the provisions relating to the protection against discrimination has been borne by the other party.

Article 23 support by anti-discrimination associations (1) anti-discrimination associations are associations, not professional and not just temporarily carrying out the specific interests of disadvantaged people or groups of people according to its statutes pursuant to § 1. The powers are under paragraphs 2 to 4, if they have at least 75 members or form a coalition of at least seven associations.
(2) anti-discrimination associations are empowered to act as assists disadvantaged in the negotiations within the framework of its statute in order to in court proceedings. In addition, the provisions of the rules of procedure, in particular those according to which another presentation may be prohibited advisers remain unaffected.
(3) the provision of Legal Affairs of disadvantaged is anti-discrimination organisations within the framework of its statute in order to.
(4) special complaint rights and powers of representation by associations for the benefit of disabled people remain unaffected.
Section 5 special provisions for public service conditions § 24 special arrangements for public service conditions the provisions of this Act shall apply, taking into account their special status according to authorities subordinate to the supervision of the Federation or a land for 1 male and female civil servants of federal, the countries, the municipalities, the municipal associations and the other, institutions and foundations under public law, 2. judges and judges of the Federal and State Governments , 3. civilian service, as well as recognized conscientious objectors, insofar as their attraction to the civil service is concerned.
Anti-discrimination Agency of the Federal Government (1) at the Federal Ministry for family, senior citizens, women and youth anti-discrimination body section 25 section 6 is without prejudice to the powers of the deputies of the German Bundestag or the Federal Government built the body of the Federal Government for protection against discrimination because of a in section 1 of above reason (anti-discrimination Agency of the Federal Government).
(2) that is the federal anti-discrimination Agency for the fulfilment of their tasks necessary personnel and cause equipment to provide. It is in the section of the Federal Ministry for Family Affairs, to expel women and youth in its own chapter.

Section 26 status of led (1) federal anti-discrimination agency appoints the Federal Minister or the Federal Minister for family, senior citizens, women and youth on a proposal of the Federal Government a person to chair the federal anti-discrimination Agency. It is in accordance with this Act in a public official relationship with the Federal Government. She is subjected to in the performance of their duties independently and only the law.
(2) the official relationship begins with the handing over of the certificate of the appointment by the Minister or the Federal Minister for family, senior citizens, women and youth.
(3) the official relationship ends other than by death 1 with the appearance together of a new Bundestag, 2. by end of term upon reaching the age of retirement according to § 51 para 1 and 2 of the federal civil servants Act, 3. with the dismissal.
The Federal Minister or the Federal Minister for family, senior citizens, women and youth, dismisses the head or the head of the federal anti-discrimination Agency at their request or if there are reasons, justify to a judge or a judge on lifetime the dismissal from the service. In the event of the termination of the Office, the head or the head of the federal anti-discrimination Agency receives a certificate made by the Federal Minister or the Federal Minister for family, senior citizens, women and youth. The dismissal becomes effective with the handing over of the certificate.
(4) the legal relationship of the leadership of the Federal Government to the federal anti-discrimination Agency is governed by agreement with the Federal Ministry for family, senior citizens, women and youth. The contract requires the approval of the Federal Government.
(5) a federal agent or a federal official to head the federal anti-discrimination Agency is appointed, eliminated at the beginning of the official relationship from the previous Office he or she. For the duration of the official rest rights justified from the duties and obligations with the exception of the obligation to maintain official secrecy and the ban on the acceptance of rewards or gifts. When accident injured the legal claims on the treatments and accident compensation officials or civil servants remain unaffected.

The Federal Government's anti-discrimination agency contact § 27 tasks (1) who believes, because of a disadvantaged in § 1 the reason to have been, can.
(2) the federal anti-discrimination Agency supports persons who contact pursuant to paragraph 1 of them in independent way in the enforcement of their rights to protection against discrimination. This can inform them in particular 1 rights and the possibilities of legal action within the framework of statutory regulations to protect against discrimination, 2. advice from other agencies teach, 3. strive for an amicable settlement between the parties.
As far as Commissioner of the Bundestag or the Federal Government are responsible, the federal anti-discrimination Agency immediately forwards the requests of the persons referred to in paragraph 1 with their permission on these.
(3) the federal anti-discrimination agency takes on independent way following, as far as jurisdiction of the Commissioner of the Federal Government or of the German Bundestag is touched: 1 public relations, 2. measures for the prevention of discrimination on the grounds referred to in § 1, 3. conducting scientific studies on these disadvantages.
(4) the federal anti-discrimination Agency and the officer concerned in their spheres of competence of the Federal Government and the German Bundestag present together all four years reports on discrimination for the reasons referred to in § 1 the German Bundestag and give recommendations to eliminate or avoid this disadvantage. You can perform common scientific investigations into discrimination.
(5) the federal anti-discrimination Agency and the officer concerned in their spheres of competence of the Federal Government and the German Bundestag are to collaborate on disadvantages of several of the reasons referred to in paragraph 1.

Article 28 powers (1) of the Federal Government's anti-discrimination agency can in cases of § 27 para 2 sentence 2 No. 3 ask stakeholders for comments, as far as the person who has turned after § 27 para 1 to them, explains their agreement.
(2) all federal agencies and other public bodies in the area of the Federal Government are required to support the Federal Government's anti-discrimination Agency in carrying out its tasks, to furnish the necessary information in particular. This shall not affect the provisions relating to the protection of personal data.

§ 29 cooperation with non-governmental organizations and other institutions the federal anti-discrimination Agency to their activity of non-governmental organizations and institutions are working on European, federal, State, or regional level to protect against discrimination due to a reason referred to in section 1 in suitable form include.

Article 30 Advisory Council (1) to promote dialogue with social groups and organizations who have the protection against discrimination because of a in section 1 of above ground to the destination, of the federal anti-discrimination agency appointed an Advisory Board. The Advisory Board advises the anti-discrimination Agency of the Federal Government in submitting reports and recommendations to the Bundestag after § 27 para. 4 and can do this, as well as to scientific investigations according to article 27, para. 3, no. 3 submit proposals of its own.
(2) the Federal Ministry for family, senior citizens, women and youth appoints in consultation with the leadership of the Federal Government's anti-discrimination Agency, as well as the corresponding competent representative of the Federal Government or of the German Bundestag the members of this Advisory Board and for each Member a delegate. Representatives of social groups and organizations as well as experts and experts on discrimination issues should be appointed to the Advisory Board. The total number of members of the Advisory Board should not exceed 16 persons. The Advisory Board should be staffed with men and women equally.
(3) the Advisory Board shall adopt rules of procedure, which require the consent of the Federal Ministry for family, senior citizens, women and youth is.
(4) the members of the Advisory Board volunteers perform the activities under this Act. You are entitled to compensation as well as travel allowance, daily subsistence allowances and overnight funds. Further details are specified the rules of procedure.
Section 7 final provisions § 31. mandatory nature of the provisions of this Act may not be derogated from to the detriment of the protected persons.

§ 32 final provision insofar as not otherwise is determined under this Act, the General rules apply.

§ 33 transitional provisions (1) at a disadvantage after the section 611a, 611 and 612 subsection 3 of the German civil code or sexual harassment under the employment protection act is the relevant before August 18, 2006 law to apply.
(2) in the case of discrimination on grounds of racial or ethnic origin, the articles 19 to 21, not on contractual obligations shall apply, which have been established before August 18, 2006. Sentence 1 does not apply to subsequent changes by continuing obligations.
(3) in the case of discrimination because of sex, religion, disability, age or sexual orientation, the articles 19 to 21, not on contractual obligations shall apply, which have been founded prior to December 1, 2006. Sentence 1 does not apply to subsequent changes by continuing obligations.
(4) obligations, which have private insurance to the subject, article 19, paragraph 1 is not to apply if they are been founded prior to December 22, 2007. Sentence 1 does not apply to subsequent modifications of such obligations.
(5) in the case of insurance conditions that are established before December 21, 2012, is only allowed discrimination due to sex in the case of article 19, paragraph 1 number 2 at the awards or benefits, if its consideration in the assessment of risk based on relevant and accurate actuarial and statistical data is an important determinant. Costs associated with pregnancy and motherhood may cause different premiums or services never.