Everything You Need to Know About Claiming Non-Material Damages for Discrimination in Germany
Discrimination – whether at work, in housing, or in public life – is a serious violation of personal rights and human dignity. In Germany, victims are not limited to filing a complaint: they can also claim financial compensation for the harm suffered, including non-material (intangible) damages.
This type of claim is commonly referred to as an action for non-material damages (immaterieller Schadensersatz).
Legal framework
Constitution (Grundgesetz)
Article 1: Human dignity is inviolable and must be respected and protected.
Article 3: Equality before the law; discrimination on any ground is prohibited.
General Equal Treatment Act (AGG)
The AGG (Allgemeines Gleichbehandlungsgesetz) is the key legal instrument enabling victims to claim compensation. It prohibits discrimination on grounds such as:
race or ethnic origin
gender
religion or belief
disability
age
sexual orientation
What is non-material damages?
Non-material damages are monetary compensation for the violation of personal rights, including:
insults and humiliation,
exclusion, marginalisation, or being passed over,
ongoing psychological distress or emotional harm.
In other words, it compensates mental and emotional harm, not only direct financial loss.
When can you bring a claim for compensation?
A claim for damages and non-material compensation is possible when:
discrimination can be proven,
psychological, social or professional consequences are apparent and can be substantiated,
no amicable solution could be reached or an internal complaint remained unsuccessful.
Steps to claim compensation
1. Collect evidence
E-mails, letters, chat logs or other documents proving discriminatory treatment
Witness statements from colleagues, neighbours, clients, etc.
Written record of the incident: date, time, place, persons involved, description of events
2. File an internal complaint
At the workplace: contact HR, your supervisor or the works council (Betriebsrat)
In other areas: lodge a complaint with the responsible body or contact the Federal Anti-Discrimination Agency (Antidiskriminierungsstelle des Bundes)
3. Observe legal time limits
Under the AGG:
The claim must be asserted within two months of the discriminatory incident or of becoming aware of it.
A court action can then be brought within three months after the internal complaint or assertion of the claim.
(Details may vary depending on the specific case; consulting a lawyer is strongly recommended.)
4. Bring the case to court
Labour court (Arbeitsgericht): if the discrimination occurred in the employment context (recruitment, employment, promotion, dismissal, etc.)
Civil court: for discrimination in other fields (housing, access to goods and services, etc.)
How much compensation can you get?
There is no fixed amount. Courts assess non-material damages on a case-by-case basis, considering factors such as:
severity and duration of the discrimination
its impact on professional life, health and social relations
documented psychological harm or medical / therapeutic reports
In previous cases, awarded sums have ranged from a few hundred to several thousand euros, depending on the circumstances.
Does compensation also cover material losses?
Yes. In addition to non-material damages, you may also claim material damages (Schadensersatz), for example:
loss of income, e.g. due to discriminatory refusal of employment or promotion
other direct financial losses, such as extra costs, contractual disadvantages or (in part) legal expenses
Importance of legal support
It is highly advisable to consult a lawyer specialised in anti-discrimination, labour or civil law, or to seek support from trade unions and NGOs. This helps to:
formulate claims correctly,
respect all relevant deadlines,
present evidence in the best possible way,
realistically assess the amount of compensation that can be claimed.
Role of anti-discrimination bodies
The Federal Anti-Discrimination Agency (Antidiskriminierungsstelle des Bundes) and other advisory centres provide:
free initial legal advice,
support in drafting complaints and assembling documents,
referrals to psychosocial counselling services and support networks.
Conclusion
Filing a claim for non-material damages in cases of discrimination is an important legal step to protect your dignity and enforce your rights.
Discrimination should not go unanswered – German law provides clear and robust tools to respond to insults, exclusion and unfair treatment.
Key German terms
Allgemeines Gleichbehandlungsgesetz (AGG): General Equal Treatment Act
immaterieller Schadensersatz: compensation for non-material / emotional harm
Schadensersatz: material damages / financial compensation
Betriebsrat: works council / staff representation
Arbeitsgericht: labour court
* The editorial team of the website strives to provide accurate information based on extensive research and multiple sources. Nevertheless, errors may occur or some information may be incomplete or not fully verified. Please treat this article as an initial reference and always consult the competent authorities for binding and up-to-date information.
