Extent of Protection
No discrimination may occur with respect to the conditions for access to employment, to self-employment and to occupation, including selection criteria and recruitment conditions, whatever the branch of activity is and at all hierarchical levels, including promotion. Furthermore all employment and working conditions, including pay, must be free from discrimination.
Protections against Harassment
Furthermore, the law especially protects the employee against harassment and sexual harassment. Such categories are regarded as discriminatory categories in Germany.
Employer’s Obligation to Provide Reasonable Accommodations
The employer is obligated to take the necessary safeguarding measures, point out inadmissible discrimination and protect employees against discrimination from another employee or any third person. In order to protect the victim from discrimination, the employer is obliged to take the appropriate and necessary measures, such as a written warning of the offender, relocating them or terminating their contract. Furthermore, the employer needs to establish a complaints body for victims of discrimination for pursuing their complaints. The employer must also train its employees in an appropriate manner in order not to discriminate any other employees.
The employee, who was discriminated, has the possibility to complain with the company`s complaints body, if the discrimination relates to the employment relationship and is also entitled to directly claim remedy or compensation, if they were discriminated. If the employer is responsible for the discrimination, it is obliged to pay damages or a reasonable compensation he employee needs to raise their claim in written form within a period of forfeiture of two months after they became aware of the discrimination. In case of discrimination during the hiring process, only monetary damages are granted by law, there is no right to be given the relevant job, however. An applicant may be entitled to a compensation of three-monthly salaries even if they had not been hired in a discrimination-free application process.