Equal Treatment in the Workplace: How Expats Can Respond to Discrimination in Germany

Moving to Germany for work comes with exciting opportunities, but it can also present challenges, especially when it comes to fair treatment in the workplace. If you ever feel discriminated against because of your nationality, religion, gender, or any other personal trait, it’s important to know that you have rights under German law.

In this article, we explore what counts as discrimination, what legal protections are in place, and what steps you can take if you believe you have been treated unfairly at work.

1. What Is Discrimination According to German Law?

Germany's General Equal Treatment Act (Allgemeines Gleichbehandlungsgesetz or AGG) aims to prevent discrimination and promote equality in employment and occupation. The law applies to all aspects of professional life – from job advertisements and application procedures to daily workplace interactions, promotions, and dismissals.

The AGG prohibits discrimination based on the following protected characteristics:

• Ethnic origin or race

• Gender

• Religion or belief

• Disability

• Age

• Sexual identity

The law covers direct discrimination (when someone is treated less favorably) and indirect discrimination (when a neutral policy disproportionately disadvantages a group).

Harassment, sexual harassment, and victimization (retaliation for asserting rights under the AGG) are also forbidden.

2. Examples of Discrimination in the Workplace

Discrimination can take many forms and may be systemic, individual, intentional, or unconscious. Here are some common examples that expats may encounter:

• Hiring Bias: You are equally qualified but not invited to interviews because your name suggests a foreign background.

• Unequal Pay: You discover that you earn significantly less than German colleagues performing the same tasks with similar experience.

• Cultural Insensitivity: Colleagues make offensive jokes about your accent, nationality, or religious customs.

• Promotion Denial: You are repeatedly overlooked for advancement opportunities without objective justification.

• Social Exclusion: You are excluded from team meetings, projects, or social events because of language barriers or cultural differences.

Each of these could qualify as discriminatory if linked to a protected characteristic under the AGG.

3. What Can You Do If You Experience Discrimination?

Recognizing discrimination is the first step – knowing how to respond is the next. Here's a more detailed roadmap:

• Keep Detailed Records: Note dates, times, locations, the individuals involved, and what was said or done. Save emails, messages, and performance reviews that could support your case.

• Address the Issue Internally: Start by speaking to a supervisor or HR officer. Many companies have formal complaint procedures and diversity officers responsible for handling discrimination concerns.

• Consult a Legal Expert: A lawyer experienced in employment law can help assess whether what you've experienced constitutes unlawful discrimination and explain your rights.

• External Complaints: If internal avenues fail or are unavailable, you can contact the Federal Anti-Discrimination Agency (Antidiskriminierungsstelle des Bundes) for guidance.

• Pursue Legal Action: As a last resort, you may file a claim in the labor court (Arbeitsgericht). Under the AGG, complaints must typically be filed within two months of the incident. Delays may forfeit your claim.

• Psychological Support: Discrimination can affect mental well-being. Don’t hesitate to seek help from counselors or therapists, especially those familiar with expat issues.

  
  

4. Preventive Measures and Long-Term Strategies

Even if you haven't experienced discrimination, it’s wise to be proactive:

• Review Your Employment Contract: Understand your rights and responsibilities, especially regarding working hours, termination, and dispute resolution.

• Know Company Policies: Familiarize yourself with diversity, anti-discrimination, and whistleblowing policies.

• Join Employee Resource Groups: These communities can offer support, share advice, and amplify diverse voices within organizations.

• Engage with Expat Networks: Platforms like InterNations or local expat groups can be valuable spaces for discussing challenges and sharing resources.

• Stay Informed: Follow updates in labor law, especially those affecting expats, to ensure you understand the evolving legal landscape.

  
  

Need Support?

Our law firm specializes in German employment law and provides legal advice tailored to the needs of international professionals. Whether you're facing an ongoing issue or simply want to understand your rights, we're here to support you every step of the way.

Contact us for a confidential consultation. We speak your language and understand your journey.