The General Act on Equal Treatment (AGG) is Germany's central anti-discrimination law. It entered into force on August 18, 2006, and implements European equal treatment directives. According to Section 1 AGG, the aim of the Act is "to prevent or eliminate discrimination on the grounds of race or ethnic origin, gender, religion or belief, disability, age or sexual identity".
For companies and public authorities, the AGG is an integral part of corporate compliance: above all, it shapes the handling of job applications, working conditions, and the protection of employees against discrimination.
Section 1 AGG exhaustively lists six protected characteristics, also referred to as "grounds of discrimination". Discrimination on the basis of one of these characteristics is, in principle, impermissible:
The list is exhaustive: characteristics such as social origin, marital status, or trade union membership do not fall under the AGG.
The AGG distinguishes between several forms of discrimination. Direct discrimination occurs when a person receives less favorable treatment than another person in a comparable situation because of a protected characteristic. Indirect discrimination occurs when apparently neutral rules put people with a particular characteristic at a particular disadvantage without this being objectively justified. Under Section 3 AGG, harassment and instructions to discriminate also count as discrimination.
The focus of the AGG is on working life – from the job advertisement through hiring to the termination of the employment relationship. In addition, it also provides protection in part in everyday transactions under civil law.
Under Section 7 AGG, employees must not be discriminated against because of one of the characteristics listed in Section 1 AGG; provisions in agreements that conflict with this are invalid. For employers, this gives rise to an organizational obligation of their own: Section 12 AGG requires the necessary measures – including preventive ones – to protect against discrimination, as well as notice that such discrimination is impermissible, in particular in the context of vocational training and continuing professional development. If an employer trains its employees in a suitable manner to prevent discrimination, this is deemed, under Section 12 (2) sentence 2 AGG, to fulfill this protection obligation. This is the statutory reason why, in many organizations, the topic is part of the recurring awareness and training content for managers and HR staff – neutral knowledge of the protected characteristics is the foundation for this. Further fundamentals on regulatory compliance, supervisory duties, and mandatory training are brought together in the Compliance topic hub.
In Section 1, the AGG lists six protected characteristics: race or ethnic origin, gender, religion or belief, disability, age, and sexual identity. The list is exhaustive – other characteristics such as social origin or marital status are not covered. Under Section 7 AGG, discrimination on the basis of one of these characteristics is, in principle, impermissible.
The focus is on working life, from the job advertisement through hiring to dismissal. In part, however, the AGG also protects in everyday transactions under civil law, for example in mass transactions of everyday life such as concluding rental or insurance contracts. In addition, the Act gives rise to protection and organizational obligations of their own for employers toward their employees.
Yes. Under Section 12 AGG, the employer must take the necessary measures, including preventive ones, to protect employees against discrimination and must point out, in a suitable manner, that such discrimination is impermissible, for example in the context of vocational training and continuing professional development. Under Section 12 (2) AGG, suitable training of employees is deemed to fulfill this obligation.
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