Everything you need to know about age discrimination (Altersdiskriminierung) at work in Germany
Age discrimination is one of the most serious forms of inequality in the labour market, because it can affect job opportunities, career development, and the economic security of older employees. In Germany, the law protects everyone from this kind of discrimination and emphasises that skills and experience should always be the main criteria at work.
Age discrimination is any unfair treatment or exclusion in the context of employment that is based on a person’s age, whether that person is younger or older.
This includes, for example:
Rejecting a job application because of age
Excluding older employees from training or promotion opportunities
Pressuring older staff into early retirement
Harassment or degrading comments linked to age in the workplace
The AGG clearly prohibits discrimination on the grounds of age in all stages of the employment relationship, including:
Job advertisements
Selection and recruitment processes
Determining pay and benefits
Training and professional development
Termination or non-renewal of employment contracts
A job advert that explicitly looks for a “young, dynamic team only”
Refusing in-house training for employees over the age of 50
Repeated remarks such as: “You’re too old to keep up with new technology.”
In rare cases, age criteria can be legally acceptable, for example:
Where there is a solid, objective reason linked to safety requirements or physical capability (e.g. very physically demanding jobs)
Where the condition is part of a specific scheme to promote younger people entering the labour market
Such exceptions must be interpreted narrowly and clearly justified – blanket age limits are usually unlawful.
Keep copies of job adverts, emails and written correspondence
Document discriminatory remarks (date, place, people present)
Ask colleagues to act as witnesses and note their statements
Submit a written complaint to the HR department
Involve the works council (Betriebsrat) if there is one, and ask for support
Claims based on the AGG usually have to be asserted within two months of the discriminatory incident
You may claim material damages (Schadensersatz) and/or non-material compensation (Entschädigung) before the Labour Court (Arbeitsgericht)
If age discrimination is proven, the affected person may:
Receive damages (Schadensersatz) for financial loss (e.g. missed earnings due to discriminatory rejection)
Receive compensation (Entschädigung) for non-material harm, such as psychological stress, humiliation and lost opportunities
The amount will be decided by the court on a case-by-case basis.
Trade unions and professional associations can:
Provide legal advice and support
Represent employees in disputes with employers
Work to promote an inclusive, non-discriminatory work culture
Age discrimination at work does not only harm the individual directly targeted; it also undermines team spirit and can have a negative impact on the overall productivity of the organisation.
If you feel you have been discriminated against because of your age, remember: you have strong rights and legal protection. Do not hesitate to seek advice, document your case and, if necessary, enforce your rights.
Altersdiskriminierung: age discrimination
Allgemeines Gleichbehandlungsgesetz (AGG): General Equal Treatment Act
Betriebsrat: works council representing employees in a company
Schadensersatz: financial damages
Entschädigung: non-material compensation
Arbeitsgericht: labour court
The editorial team of this website makes every effort to provide accurate information based on thorough research and multiple sources. However, errors may occur or some details may not yet be fully verified. Please treat the information in this article as a first, non-binding guide and always consult the competent authorities or qualified experts for binding legal advice.
