Everything you need to know about the employer's duties to prevent racial harassment in the workplace

Everything you need to know about the employer’s duties to prevent racist harassment in the workplace in Germany

Creating a safe and respectful working environment is a core responsibility for every employer in Germany. This explicitly includes preventing all forms of racist harassment, which is one of the most serious violations in the workplace because it undermines employees’ dignity and damages trust, cooperation and performance within the company.

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What is racist harassment at work?

Racist harassment includes any hostile, degrading or humiliating behaviour directed at a person because of:

• their ethnic or racial origin

• their skin colour or physical appearance

• their language or cultural background

Harassment can be:

• verbal: insults, racist jokes, derogatory comments

• physical: threats, aggressive gestures, unwanted contact

• digital: offensive emails, chats, posts, images or memes

• indirect: exclusion, constant hints, hostile looks and attitudes

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Legal framework

German Basic Law (Grundgesetz – GG)

• Article 1: Human dignity is inviolable.

• Article 3: prohibits discrimination, including on grounds of origin or “race”.

General Equal Treatment Act (Allgemeines Gleichbehandlungsgesetz – AGG)

• Explicitly prohibits discrimination and harassment, including racist harassment.

• Imposes a legal duty on employers to take preventive measures and effectively protect employees.

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Employer’s duties

1. Establish a clear anti-discrimination and anti-harassment policy

• Draft a binding internal policy that clearly prohibits any form of discrimination and racist harassment.

• Communicate this policy in a visible way (intranet, notice boards, employee handbook) and explain it to new staff.

2. Provide training and awareness-raising

• Organise regular training sessions for all employees, especially managers, on diversity, AGG and respectful interaction.

• Teach practical strategies: how to respond to racist harassment as a victim, colleague or supervisor.

3. Ensure safe and confidential complaint channels

• Appoint a trusted contact person or complaint office within the company.

• Guarantee confidentiality and protect whistleblowers and victims from retaliation or negative consequences.

4. Investigate complaints promptly and thoroughly

• Start an immediate internal investigation whenever a serious complaint is received.

• Document the process and the outcome.

• Take appropriate corrective or disciplinary measures (warning, transfer, termination) if the allegation is confirmed.

5. Protect and support the victim

• Offer psychological and, where appropriate, legal support (e.g. referral to counselling centres or specialised lawyers).

• Take practical steps to protect the affected person, such as relocating the perpetrator, changing teams or adapting working conditions.

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Legal risks of neglect

If an employer fails to act or ignores racist harassment, they may face:

• Claims for damages and compensation under the AGG (material and immaterial).

• Costly and time-consuming legal proceedings.

• Reputational damage, making the company less attractive to skilled workers, clients and partners.

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Benefits of complying with these duties

• Improved work atmosphere and higher employee satisfaction.

• Stronger team spirit, trust and identification with the company.

• Increased productivity, fewer sick leaves and lower turnover.

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Role of the works council (Betriebsrat)

• Monitors the implementation of protection policies and compliance with the AGG.

• Represents employees in disputes related to discrimination or harassment.

• Can propose additional measures such as company agreements, extra training and awareness campaigns.

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Conclusion

Tackling racist harassment in the workplace is not optional – it is a clear legal and ethical obligation for every employer in Germany. Providing a safe and respectful environment for all employees, regardless of their origin, skin colour or language, is a key indicator of a responsible and modern organisation.

Investing in prevention, training and clear rules does not only protect staff; it also strengthens the company’s reputation, stability and long-term success.

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Key German terms

• Allgemeines Gleichbehandlungsgesetz (AGG): General Equal Treatment Act

• Grundgesetz (GG): German Basic Law / constitution

• Betriebsrat: works council / staff representation

• Diskriminierung: discrimination

• Belästigung: harassment

The editorial team of the website strives to provide accurate information based on thorough research and multiple sources. Nevertheless, errors or incomplete information cannot be entirely excluded. Please regard this article as an initial guideline and contact the competent authorities or legal experts for binding and up-to-date information.