Representation in cases of discrimination and workplace bullying (AGG)
Discrimination in the application process or at work, and persistent hostility, are distressing and need not be accepted in law. The General Equal Treatment Act and general employment law offer protection, but impose short deadlines. We advise you in confidence and represent your claims.
The key points at a glance
Protected characteristics
The AGG prohibits discrimination on grounds of ethnic origin, sex, religion or belief, disability, age or sexual identity. The protection applies from the application process onwards and also covers harassment and sexual harassment. Employees have the right to lodge a complaint with the competent body within the business.
Compensation and damages
In the event of a breach, there may be claims for material damage and for appropriate compensation for non-material damage. Under § 15 AGG, these claims must be asserted in writing within two months. If the employer rejects them, an action must be brought within three months of the written claim.
Reduced burden of proof
Anyone who presents circumstantial evidence suggesting discrimination on the basis of a protected characteristic does not have to prove the discrimination in full. The employer must then prove that there has been no breach. The circumstantial evidence must, however, be specific and comprehensible.
Workplace bullying
There is no specific statutory provision on workplace bullying. Claims may arise from the violation of personality rights and of the employer's duty of care, for example for injunctive relief, protective measures, damages or compensation for pain and suffering. Enforcement depends largely on how well the incidents can be documented.
How we proceed
We listen to you, assess the incidents from a legal perspective and establish which deadlines are already running.
We help you to record incidents, witnesses and documents in a structured manner so that your account is robust.
We assert your claims within the applicable deadlines and, where appropriate, seek a solution with the employer. Otherwise, we represent you before the labour court.
Frequently asked questions
How can I prove workplace bullying?
Ideally, by keeping a contemporaneous diary of specific incidents and by means of e-mails, messages, witnesses and medical records. General descriptions are usually insufficient in court. We help you document the incidents in a way that can be used in legal proceedings.
May my employer treat me less favourably because I have made a complaint?
No. The AGG prohibits victimisation for exercising rights under the Act, for example by making a complaint. Witnesses who support you are also protected.
Your contacts
Talk to us.
Gewürzmühlstraße 5 · 80538 Munich