An update to the AGG: Greater protection against discrimination
For many years, the General Equal Treatment Act (AGG) has formed the basis for protection against discrimination in the workplace and under civil law.
However, a reform is currently being discussed which is intended to further strengthen protection and bring it into line with European requirements.
It is worth employers taking an early look at the possible changes.
Background to the reform
The planned reform of the AGG is set against the backdrop of developments in European law and societal changes.
The aim is to close existing gaps in protection and to enforce anti-discrimination measures more effectively. At the same time, the AGG is to be brought more into line with current requirements.
Planned key elements of the reform
The reform is currently under discussion. Nevertheless, some key points are already becoming apparent:
Extended protection under civil law
Protection against discrimination is to be extended, particularly with regard to gender-based discrimination outside traditional employment relationships.
Protection against sexual harassment
The requirements regarding prevention and sanctions could be tightened, which would mean stricter requirements for internal processes.
Pregnancy and Motherhood
Protection for pregnant women and mothers is to be further strengthened and regulated more clearly.
Alignment with EU law
The AGG is to be brought more into line with European requirements, particularly in the areas of equal treatment and anti-discrimination.
Longer deadlines
There is discussion about extending the time limits for bringing claims, which could increase legal uncertainty for employers.
Further possible adjustments
Changes to the rules on the burden of proof or to the enforcement of claims are also conceivable.
Risks for employers
A reform of the AGG may entail various risks for employers:
- increased liability risk in the event of discrimination
- stricter requirements for internal processes
- longer time limits for potential claims
- increased documentation requirements
It is precisely unclear or informal decision-making processes that can prove problematic in this context.
Practical tip: Prepare well in advance
Even though the reform has not yet been finalised, it is advisable to start preparing early:
- Review of existing guidelines
- Raising awareness amongst managers
- clear documentation of decisions
- Adaptation of internal processes
Conclusion
The planned reform of the AGG points to a further strengthening of protection against discrimination. Companies should keep a close eye on developments and adapt their structures in good time to minimise risks.
If you have any questions on this or other topics, please contact us - we will be happy to advise you.
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