Everything you need to know about discrimination on the labour market and how to file a complaint with the “AGG-Ombudsstelle” in Germany
In Germany, discrimination on the labour market is a serious violation of the principles of equality and justice guaranteed by the Constitution (Grundgesetz) and the General Equal Treatment Act (Allgemeines Gleichbehandlungsgesetz – AGG). Despite this strict legal framework, cases of discrimination still occur frequently – during the application process, in everyday working life, and in situations involving promotion or dismissal.
What is meant by discrimination on the labour market?
Discrimination in employment means any unfair treatment of a person in the workplace based on their legally protected personal characteristics, such as:
racial or ethnic origin
gender or gender identity
age
religion or belief
disability
sexual orientation
Examples of discrimination at work
Rejecting a job application because of a “non-German” name
Excluding pregnant women from promotion opportunities
Offering fixed-term contracts based solely on age
Racist or sexist jokes, mockery, or harassment at the workplace
What is the role of the “AGG-Ombudsstelle”?
The AGG-Ombudsstelle is an independent and neutral mediation body set up to receive complaints from individuals who have experienced discrimination in their working environment. Its aim is to help resolve disputes amicably and out of court before legal proceedings are initiated.
Steps to filing a complaint with the AGG-Ombudsstelle
1. Collecting evidence
Before submitting a complaint, you should gather and document all relevant details, such as:
emails and written correspondence
written statements from colleagues or other witnesses
minutes of meetings or – where legally allowed – recordings of conversations
2. Submitting the formal complaint
You can submit your complaint via:
postal mail
an online form on the website of the responsible Ombudsstelle
It is advisable to describe the situation objectively, clearly and in detail, and to attach all supporting documents.
3. Initial assessment
The AGG-Ombudsstelle examines whether your complaint falls within its area of responsibility. It then contacts you to discuss the case and the possible next steps.
4. Mediation
The Ombudsstelle attempts to reach an amicable solution between the parties, for example through:
settlement or mutual agreement
commitments by the employer to improve working conditions or procedures
an apology and, where appropriate, adequate compensation
5. Support if mediation fails
If mediation is not successful, the affected person receives information and guidance on possible legal action before the Labour Court (Arbeitsgericht).
Time limits for filing a complaint
Under the AGG, a complaint must usually be lodged within two months of the discriminatory incident or of becoming aware of it within the company. Once this deadline has passed, legal claims may be lost or significantly weakened.
Can filing a complaint harm the employee?
By law, no negative measures may be taken against employees simply because they have filed a discrimination complaint.
If an employer reacts with:
warnings,
transfers,
unfavourable shift allocation or tasks
purely in retaliation, this can be regarded as additional unlawful discrimination and can itself be challenged legally.
Cooperation with other bodies
The AGG-Ombudsstelle usually cooperates closely with:
the Federal Anti-Discrimination Agency (Antidiskriminierungsstelle des Bundes)
trade unions and professional associations
internal bodies such as the works council (Betriebsrat)
This network is intended to provide broad support both inside and outside the company.
The role of companies in preventing discrimination
Employers play a central role in preventing discrimination. This includes:
adopting and enforcing clear internal policies against discrimination and harassment
organising regular training for managers and staff on diversity, respect and AGG obligations
establishing independent internal complaints offices that employees can contact confidentially
Conclusion
Filing a complaint with the AGG-Ombudsstelle is an important and effective step to defend your dignity and your rights in the workplace.
No one may be excluded or treated unfairly because of their origin, appearance, age, gender, religion or identity. If you experience discrimination, remember: take action – the law and protection mechanisms are on your side.
Key German terms
Allgemeines Gleichbehandlungsgesetz (AGG): General Equal Treatment Act
Ombudsstelle: independent complaints and mediation office
Arbeitsgericht: labour court
Betriebsrat: works council or employee representative body
Diskriminierung: discrimination
The editorial team of this website makes every effort to provide accurate information based on thorough research and multiple sources. Nevertheless, errors or incomplete details may occur. The content of this article is therefore intended only as an initial guide and does not replace personalised legal advice. For binding information, please contact the competent authorities or a qualified lawyer.
