General Equal Treatment Act (AGG)

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AGG

Date of completion: 14.08.2006

Full quote:

" General Equality Act of 14 August 2006 (BGBl. I p. 1897), most recently by Article 8 of the Law of 3 April 2013 (BGBl. 610) has been amended "

Status:

Last amended by Art. 8 G v. 3.4.2013 I 610

For more details, please refer to the menu under Notes

Footnote

(+ + + Text evidence from: 18.8.2006 + + +) 

  

The G was decided by the Bundestag as Article 1 of the G v. 14.8.2006 I 1897. It's gem. Article 4, first sentence, of this G entered into force on 18 August 2006.

Section 1
General Part

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§ 1 Objective of the Act

The aim of the law is to prevent or eliminate disadvantages on the grounds of race or because of ethnic origin, sex, religion or belief, disability, age or sexual identity. Unofficial table of contents

§ 2 Scope

(1) Any disadvantages arising from a reason referred to in § 1 shall be inadmissible in accordance with the provisions of this law in respect of:

1.

conditions, including selection criteria and recruitment conditions, for access to self-employed and self-employed activity, irrespective of the field of activity and professional position, and for the promotion of employment,

2.

employment and working conditions, including pay and dismissal conditions, in particular in individual and collective agreements and measures in the implementation and termination of an employment relationship and career advancement,

3.

access to all forms and to all levels of vocational guidance, vocational training, including vocational training, continuing vocational training and retraining, and practical professional experience,

4.

membership and participation in an association of employees or employers or of an association whose members belong to a particular professional group, including the use of the benefits of such associations;

5.

social protection, including social security and health services;

6.

social benefits,

7.

education,

8.

access to and supply of goods and services available to the public, including housing.

(2) For services according to the Social Code, § 33c of the First Book of the Social Code and § 19a of the Fourth Book of the Book of Social Law shall apply. The occupational pension law applies to occupational retirement provision. (3) This law does not affect the validity of any other prohibitions or biases of equal treatment. This also applies to public-law provisions which are intended to protect certain categories of persons. (4) The provisions relating to general and special protection against dismissal only apply to dismissal. Unofficial table of contents

§ 3 Definitions

(1) A direct deprivation is provided if a person is treated less favourily than another person in a comparable situation, has been or would be treated in a comparable situation because of a reason referred to in § 1. Direct discrimination on grounds of sex lies with regard to § 2 (1) no. 1 to 4 even in the case of less favourable treatment of a woman due to pregnancy or motherhood. (2) Indirect discrimination is available if: It appears that neutral rules, criteria or proceedings may discriminate against persons in respect of another person referred to in paragraph 1 above in a special way, unless the relevant provisions, criteria or procedures are is objectively justified by a legitimate aim and the funds are to be achieved (3) A nuisance is a disadvantage if unwanted conduct related to a reason referred to in § 1 is used for the purpose or effect of the dignity of the person concerned. (4) A sexual harassment is a disadvantage with regard to § 2 para. 1 no. 1 to 4, if a sexual harassment is a violation of § 2 (1) no. 1 to 4. unwanted, sexually specific behavior, including unwanted sexual acts, and Calls for these, sexually specific physical touches, remarks of sexual content, as well as undesirable pointing and visible affixing of pornographic representations, are intended to ensure that the dignity of the person concerned is person is injured, in particular if an environment marked by intimidation, hostility, humiliation, humiliation, humiliation or insults is created. (5) The instruction to deprivate a person from a reason referred to in paragraph 1 above is considered to be a disadvantage. In relation to § 2 (1) (1) to (4), such an instruction shall be in particular where a person determines a person's behaviour at a disadvantage or at a disadvantage to an employee or employee on the grounds of a reason referred to in § 1 of the present application. can. Unofficial table of contents

§ 4 Differential treatment due to several reasons

If a different treatment takes place on account of several of the reasons mentioned in § 1, this different treatment may only be justified in accordance with § § 8 to 10 and 20 if the justification extends to all of these reasons, for which the different treatment takes place. Unofficial table of contents

§ 5 Positive measures

Notwithstanding the grounds specified in § § 8 to 10 as well as in § 20, different treatment shall also be permissible if, due to appropriate and appropriate measures, existing disadvantages are prevented or compensated for by reason of a reason mentioned in § 1 .

Section 2
Protection of employees against discrimination

Subsection 1
Prohibition of deprivation

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§ 6 Personal scope

(1) Employees within the meaning of this Act are

1.

workers,

2.

the persons employed for their vocational training,

3.

Persons who, because of their economic independence, are to be considered as workers-like persons, including those employed in home employment and those who are equal to them.

The persons employed are also the applicants for an employment relationship as well as the persons whose employment relationship is terminated. (2) Employers (employers and employers) within the meaning of this section are natural and legal persons as well as legally competent partnerships which employ persons referred to in paragraph 1. If employees are transferred to a third party for work performance, they shall also be deemed to be an employer within the meaning of this section. (3) In so far as the conditions for access to gainful employment and career advancement are concerned, the employer must be replaced by the employer or the intermediate master. the provisions of this section shall apply to self-employed persons and to members of the organisation, in particular directors or directors, accordingly. Unofficial table of contents

§ 7 Prohibition of deprivation

(1) Employees may not be disadvantaged because of a reason referred to in § 1; this shall also apply if the person who is at a disadvantage only accepts the existence of a reason mentioned in § 1 in the event of deprivation. (2) Provisions in Agreements which contravene the prohibition of discrimination in paragraph 1 shall be ineffective. (3) A disadvantage as referred to in paragraph 1 by employers or employees is a breach of contractual obligations. Unofficial table of contents

§ 8 Permitted different treatment due to professional requirements

(1) A difference of treatment on the grounds of a reason referred to in § 1 is permissible if this reason constitutes an essential and decisive professional requirement because of the nature of the activity to be performed or the conditions in which it is carried out; provided that the purpose is lawful and proportionate to the requirement. (2) The agreement of a lower remuneration for equal work or work of equal value on the grounds of a reason referred to in § 1 shall not be justified by the fact that, because of a condition referred to in § 1 Ground special protection rules apply. Unofficial table of contents

§ 9 Permitted different treatment on account of religion or belief

(1) Unrespect of § 8 is a difference in treatment on account of religion or belief in employment by religious communities, the institutions assigned to them, regardless of their legal form or by associations, which are the purpose of the community care of a religion or belief, even if a particular religion or belief, taking into account the self-understanding of the respective religious community or association in the field of religion or belief, is not With regard to their right to self-determination or to the nature of the activity (2) The prohibition of different treatment on grounds of religion or belief does not affect the right of the religious communities referred to in paragraph 1, the institutions assigned to them irrespective of their legal form or of the associations which are responsible for the community care of a religion or belief, a loyal and honest behaviour of their employees in the sense of their respective To be able to ask for a self-understanding. Unofficial table of contents

§ 10 Permitted different treatment due to age

Notwithstanding § 8, different treatment on grounds of age may also be allowed if it is objectively and reasonably justified and justified by a legitimate aim. The means to achieve this objective must be appropriate and necessary. Such different treatments may include, in particular, the following:

1.

the establishment of specific conditions for access to employment and vocational training, as well as special employment and working conditions, including the conditions for remuneration and termination of employment, in order to: promote the occupational integration of young people, older workers and persons with care responsibilities, or to ensure their protection;

2.

laying down minimum requirements for age, professional experience or seniority for access to employment or for certain benefits linked to employment,

3.

the setting of a maximum age for recruitment on the basis of the specific training requirements of a given job or on the grounds of the need for a reasonable period of employment before retirement,

4.

the fixing of age limits in occupational social security schemes as a condition of the membership or the receipt of old-age pension or of benefits in respect of invalidity, including the fixing of different social security schemes. age limits within these schemes for certain employees or groups of employees and the use of age criteria in the framework of these systems for actuarial calculations,

5.

an agreement providing for termination of the employment relationship without notice at a time when the employee or employees may apply for a pension on the grounds of age; § 41 of the Sixth Book of the Social Code shall remain unaffected;

6.

Differentiation of benefits in social plans within the meaning of the German Works Constitution Act, if the parties have created a severance system based on age or membership, in which the chances that depend essentially on the age of old age are have been taken into account in the labour market by a relatively strong emphasis on the age of life, or have excluded employees from the benefits of the social plan, which are economically secure, because, where appropriate, after receipt of unemployment benefit, are entitled to pension.

Subsection 2
Organizational duties of the employer

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§ 11 Call for tender

A workplace must not be spelled out in violation of § 7 (1). Unofficial table of contents

§ 12 Measures and obligations of the employer

(1) The employer is obliged to take the necessary measures to protect against disadvantages because of a reason referred to in § 1. This protection shall also cover preventive measures. (2) The employer shall indicate the inadmissibility of such disadvantages in a suitable manner, in particular in the context of vocational education and training, and shall encourage the employer to: these are not. If the employer has suitably trained his employees for the purpose of preventing discrimination, this shall be deemed to be the fulfilment of his obligations under paragraph 1. (3) Contrary to the prohibition laid down in Article 7 (1), employees shall be subject to the prohibition of deprivation of the right to deprivation of the labour force. , the employer shall take the appropriate, appropriate and appropriate measures to prevent such discrimination, such as warning, implementation, dismissal or dismissal. (4) If employees are to be employed in the performance of their duties, by a third party in accordance with § 7 para. 1, the employer shall have the following in individual cases (5) This Act and Section 61b of the Labour Court Act as well as information on the bodies responsible for the handling of complaints pursuant to Section 13 are in the operation or in the office of service. The notice may be made by means of a design at a suitable location or by the use of the information and communication technology which is customary in the company or in the service.

Subsection 3
Rights of employees

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§ 13 Appeal law

(1) The employees shall have the right to complain to the competent authorities of the establishment, the undertaking or the office if they are related to their employment relationship from the employer, the superiors, the other Employees or third parties feel at a disadvantage because of a reason referred to in § 1. The complaint must be examined and the result of the employees 'or employees' employees must be notified. (2) The rights of the employee representatives remain unaffected. Unofficial table of contents

Section 14 Right of refusal

If the employer does not take any action or measures which are manifestly inappropriate to avoid harassment or sexual harassment in the workplace, the employees concerned shall be entitled to carry out their activities without loss of the pay insofar as this is necessary for their protection. Section 273 of the Civil Code remains unaffected. Unofficial table of contents

§ 15 Compensation and damages

(1) In the event of a breach of the prohibition of deprivation, the employer is obliged to compensate for the damage caused thereby. This shall not apply if the employer is not responsible for the breach of duty. (2) Because of a damage which is not property damage, the employee or employees may demand appropriate compensation in money. The compensation may not exceed three months ' salary if the employee or employees were not recruit for a non-discriminatory selection. (3) The employer is in the case of the application of collective law (4) A claim under paragraph 1 or 2 must be asserted in writing within a period of two months, unless the Collective bargaining parties have agreed otherwise. The period shall begin in the event of an application or a career increase, with access to rejection and, in other cases, discrimination at the time when the employee becomes aware of the disadvantage. (5) In the case of Any remaining claims against the employer arising from other legal provisions shall not be affected. (6) A breach by the employer of the prohibition of deprivation in Section 7 (1) shall not be justified on the grounds of an employer. employment relationship, vocational training or career advancement, If such a result arises from a different legal reason. Unofficial table of contents

§ 16 Prohibition of measures

(1) The employer shall not penalise employees because of the use of rights under this Section or the refusal to execute an instruction contrary to this Section. The same applies to persons who support the employee in this case or who testicular as witnesses. (2) The rejection or guessing of disadvantaged behaviour by the employees concerned must not be used as a basis for a The decision taken by these workers is taken into account. The second sentence of paragraph 1 shall apply in accordance with. (3) § 22 shall apply accordingly.

Subsection 4
Supplementary provisions

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Section 17 Social responsibility of the parties

(1) Contracting parties, employers, employees and their representatives are invited to participate in the achievement of the objective set out in § 1 within the framework of their tasks and possibilities of action. (2) In establishments in which the conditions are fulfilled § 1 (1) sentence 1 of the German Works Constitution Act may, in case of a gross violation of the employer, be subject to provisions of this section of the works council or a trade union represented on the holding subject to the condition of section 23 (3) Sentence 1 of the Works Constitution Act, the rights referred to in that law § 23 (3) sentence 2 to 5 of the Works Constitution Act applies accordingly. The application shall not be subject to the claims of the less-favoured. Unofficial table of contents

§ 18 Membership in Associations

(1) The provisions of this Section shall apply in accordance with the membership or participation in a

1.

Collective Labour Party,

2.

An association whose members belong to a particular professional group or who hold an outstanding position of power in the economic or social field if there is a fundamental interest in the acquisition of membership,

and their respective concentrations. (2) If the refusal constitutes a violation of the prohibition of discrimination in Section 7 (1), there is a right to membership or participation in the associations referred to in paragraph 1.

Section 3
Protection against deprivation in civil law

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Section 19 Civil legal deprivation of discrimination

(1) Discrimination on the grounds of racial or ethnic origin, sex, religion, disability, age or sexual identity in the justification, implementation and termination of civil law Debt ratios, which

1.

typically without the person's reputation on comparable conditions in a variety of cases (mass transactions) or where the person's reputation has a subordinated meaning according to the nature of the debt ratio, and which is comparable conditions in a large number of cases, or

2.

the subject of private insurance,

is inadmissible. (2) A disadvantage on the grounds of race or ethnic origin is, moreover, also on the grounds, implementation and termination of other civil law obligations within the meaning of Article 2 (1) (5) to (8) (3) In the case of the renting of housing, there is a difference in treatment with regard to the creation and maintenance of socially stable population structures and balanced settlement structures, as well as the balanced economic, social and economic situation. (4) The provisions of this section shall apply (5) The provisions of this Section shall not apply to civil law obligations in respect of which a particular proximity or trust relationship between the parties or their Members shall be justified. In the case of rental conditions, this may in particular be the case if the parties or their relatives use living space on the same property. The renting of accommodation for temporary use is generally not a business within the meaning of paragraph 1 (1), if the landlord does not rent more than 50 flats in total. Unofficial table of contents

§ 20 Permitted different treatment

(1) A violation of the prohibition of deprivation is not given if there is a factual reason for different treatment on the grounds of religion, disability, age, sexual identity or gender. This may in particular be the case if the difference in treatment

1.

the prevention of hazards, the prevention of damage or other purposes of a comparable nature,

2.

the need to protect the intimacy or personal security,

3.

particular advantages and lack of interest in the enforcement of equal treatment,

4.

is linked to the religion of a person and with regard to the exercise of religious freedom or the right to self-determination of religious communities, the institutions assigned to them, regardless of their legal form, and the law of the Associations which make the joint care of a religion a task, is justified in accordance with the individual's own understanding of the matter.

(2) Costs in connection with pregnancy and motherhood shall not in any case lead to different premiums or benefits. In the case of § 19 (1) no. 2, different treatment on grounds of religion, disability, age or sexual identity shall only be permissible if the latter is based on accepted principles of risk-based calculation, in particular: an actuarial risk assessment using statistical surveys. Unofficial table of contents

§ 21 Claims

(1) In the event of a breach of the prohibition of deprivation, the deprivation may require the elimination of the impairment. If further impairments are to be provided, he can complain at omission. (2) In case of a violation of the prohibition of deprivation of discrimination, the deprivation is obliged to replace the damage caused thereby. This shall not apply if the disadvantage is not to represent the breach of duty. In the event of damage which is not property damage, the deprivation party may demand adequate compensation in money. (3) Claims from an unauthorised act remain unaffected. (4) An agreement which is prohibited by the prohibition of deprivation of property rights. (5) A claim under paragraphs 1 and 2 must be asserted within a period of two months. After the expiry of the period, the claim can only be asserted if the disadvantage was prevented without fault in the respect of the deadline.

Section 4
Legal protection

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Section 22 Evidence of proof

If, in the event of a dispute, the one party proves evidence of discrimination on the grounds of a reason referred to in paragraph 1 above, the other party shall bear the burden of proof that there is no breach of the provisions on protection against discrimination against discrimination against discrimination against discrimination against discrimination. . Unofficial table of contents

Section 23 Support by anti-discrimination associations

(1) Anti-discrimination organisations shall be those which do not take account of the special interests of disadvantaged persons or groups of persons in accordance with the conditions laid down in Article 1, not only temporarily and in accordance with their statutes, in accordance with their statutes. The powers referred to in paragraphs 2 to 4 shall be conferred upon them if they have at least 75 members or form an association of at least seven associations. (2) Antidiscrimination associations shall have the power, within the limits of their sentence, to: to perform judicial proceedings as advisers to disadvantaged people in the trial. In addition, the provisions of the Rules of Procedure, in particular those under which further presentation may be prohibited, shall remain unaffected. (3) Anti-discrimination associations shall, within the limits of their statutes, be concerned with the (4) Special rights and representation powers of associations for the benefit of disabled persons remain unaffected.

Section 5
Special arrangements for public service contracts

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Section 24 Special arrangements for public service contracts

The provisions of this Act shall apply, taking into account their specific legal status, in accordance with

1.

Civil servants of the Federal Government, the Länder, the municipalities, the municipal associations and the other bodies, institutions and foundations under public law under the supervision of the Federal Government or of a country,

2.

Judges of the Federal Government and the Länder,

3.

Civil service providers and recognised conscientious objectors to the extent that their use is affected by civil service.

Section 6
Anti-Discrimination Agency

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Section 25 Anti-Discrimination Agency of the Federal Government

(1) The Federal Ministry for Family Affairs, Senior Citizens, Women and Youth shall, without prejudice to the responsibility of the representatives of the German Bundestag or the Federal Government, take the place of the Federal Government in order to protect against discrimination on the grounds of one of the following The Federal Anti-Discrimination Agency is to provide the Federal Anti-Discrimination Agency with the necessary staff and equipment for the performance of its tasks. In the section of the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth, it is to be shown in its own chapter. Unofficial table of contents

Section 26 Legal status of the administration of the Federal Anti-Discrimination Agency

(1) The Federal Minister for Family Affairs, Senior Citizens, Women and Youth, on a proposal from the Federal Government, shall appoint a person to lead the Federal Anti-Discrimination Agency. In accordance with this law, it is subject to a public-law relationship with the Federal Government. She is independent in the performance of her duties and is subject only to the law. (2) The term of office begins with the handing out of the certificate of appointment by the Federal Minister or the Federal Minister for Family Affairs, Senior Citizens, Women and Youth. (3) The term of office shall end except by death

1.

with the convening of a new Bundestag,

2.

by the expiry of the term of office with the age limit being reached in accordance with § 51 (1) and (2) of the Federal Civil Service Act,

3.

with the dismissal.

The Federal Minister for Family Affairs, Senior Citizens, Women and Youth, the Federal Minister for Family Affairs, Senior Citizens, Women and Youth, shall release the Head of the Federal Anti-Discrimination Agency at their request or if there are reasons to be met by a Judge or a Judge Judge at life time justifies dismissal from the service. In the event of termination of the term of office, the Head of the Federal Anti-Discrimination Agency receives a certificate completed by the Federal Minister or the Federal Minister for Family Affairs, Senior Citizens, Women and Youth. The dismissal is effective with the handing out of the document. (4) The legal relationship of the administration of the Federal Anti-Discrimination Agency to the Federal Government is governed by contract with the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth. The contract requires the approval of the Federal Government. (5) If a Federal official or a federal official is appointed to lead the Federal Anti-Discrimination Agency, he or she will leave the office at the beginning of his/her term of office. For the duration of the term of office, the rights and obligations arising from the civil service relationship shall rest, with the exception of the duty of confidentiality and the prohibition of acceptance of rewards or gifts. In case of accident-injured civil servants, the legal claims to the healing process and an accident compensation remain unaffected. Unofficial table of contents

§ 27 Tasks

(1) Those who consider that they have been disadvantaged because of a reason referred to in § 1 may apply to the Federal Anti-Discrimination Agency. (2) The Federal Anti-Discrimination Agency shall, in an independent manner, support persons who are in accordance with paragraph 1, in the enforcement of their rights in order to protect them against disadvantages. In particular, it may:

1.

inform about claims and the possibilities of legal action in the framework of legal regulations for protection against disadvantages,

2.

provide advice by other bodies,

3.

an amicable settlement between the parties concerned.

If the German Bundestag or the Federal Government are responsible, the Federal Anti-Discrimination Agency shall immediately forward the concerns of the persons referred to in paragraph 1 with their consent to these matters. (3) The The Federal Anti-Discrimination Agency shall carry out the following tasks in an independent manner, insofar as the responsibility of the representatives of the Federal Government or of the German Bundestag is not affected:

1.

public relations,

2.

measures to prevent disadvantages arising from the grounds referred to in § 1,

3.

To carry out scientific studies on these disadvantages.

(4) The Federal Anti-Discrimination Agency and the representatives of the Federal Government and of the German Bundestag, which are affected in their area of responsibility, jointly submit to the German Bundestag every four years reports on disadvantages arising from the (§ 1) and make recommendations for the elimination and prevention of such disadvantages. They can jointly carry out scientific investigations on disadvantages. (5) The Federal Anti-Discrimination Agency and the representatives of the Federal Government and the German Bundestag, which are affected in their area of responsibility, are to be responsible for the cooperate in the event of disadvantages arising from several of the reasons set out in § 1. Unofficial table of contents

Section 28 Powers

(1) The Federal Anti-Discrimination Agency may, in cases of § 27 (2) sentence 2, No. 3, request interested parties to comment, insofar as the person who has addressed them according to § 27 (1) declares their agreement to this effect. (2) All federal authorities and other public authorities in the Federal Government are obliged to assist the Federal Anti-Discrimination Agency in the performance of its tasks, in particular to provide the necessary information. The provisions on the protection of personal data shall remain unaffected. Unofficial table of contents

Section 29 Cooperation with non-governmental organisations and other bodies

The Federal Anti-Discrimination Agency (anti-discrimination body) is responsible for the activities of non-governmental organisations and bodies active at European, federal, state or regional level to protect against discrimination on the grounds of a reason referred to in § 1. shall be taken into account in a suitable form. Unofficial table of contents

Section 30 Advisory Council

(1) In order to promote dialogue with social groups and organisations which have set themselves the objective of protection against disadvantages because of a reason referred to in paragraph 1 above, the Federal Anti-Discrimination Agency shall be accompanied by an advisory board. The Advisory Board advises the Federal Anti-Discrimination Agency on the submission of reports and recommendations to the German Bundestag pursuant to Section 27 (4) and may, in this connection, as well as on scientific investigations pursuant to Section 27 (3) No. 3 of its own proposals. (2) The Federal Ministry for Family Affairs, Senior Citizens, Women and Youth convenes in agreement with the management of the Federal Anti-Discrimination Agency as well as the relevant competent representatives of the Federal Government or the German Government. Bundestag shall be the members of this Advisory Council and shall be a substitute for each Member. Representatives of social groups and organizations, as well as experts in deprivation issues, are to be appointed to the advisory board. The total number of members of the Advisory Board shall not exceed 16 persons. The Advisory Council is to be filled in equal parts with women and men. (3) The Advisory Council shall adopt its rules of procedure which require the approval of the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth. (4) The members of the Advisory Board shall exercise the following rules: Volunteer work according to this law. You are entitled to compensation for expenses as well as travel expenses, daily allowances and overnight accommodation. More detailed rules of procedure.

Section 7
Final provisions

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§ 31 Inaliability

The provisions of this law cannot be dismissed for the benefit of the protected persons. Unofficial table of contents

Section 32 Final determination

Unless otherwise specified in this Act, the general provisions shall apply. Unofficial table of contents

Section 33 Transitional provisions

(1) In the case of disadvantages in accordance with § § 611a, 611b and 612 (3) of the Civil Code or sexual harassment according to the Employment Protection Act, the law applicable before 18 August 2006 shall apply. (2) In the event of disadvantages For reasons of race or ethnic origin, § § 19 to 21 shall not apply to obligations which have been established prior to 18 August 2006. (3) In the event of discrimination on grounds of sex, religion, disability, age or sexual identity, § § 19 to 21 shall not be applied to debt obligations, that have been established before 1 December 2006. Sentence 1 shall not apply to subsequent changes in permanent debt ratios. (4) § 19 (1) shall not apply to obligations which are subject to private law insurance, if they have been established before 22 December 2007. Sentence 1 shall not apply to subsequent changes to such obligations. (5) In the case of insurance relationships established before 21 December 2012, a difference of treatment on grounds of sex in the case of Section 19 (1) (2) shall be applied to the Premiums or benefits shall be permitted only if it is a determining factor in the case of a risk assessment based on relevant and accurate actuarial and statistical data. Costs related to pregnancy and motherhood should not in any case lead to different premiums or benefits.