Before the commencement of a law suit
The legal enforcement of rights is often complicated, due to evidence and costs amongst other issues. For this reason, other avenues should first be exhausted.
Written complaint: Please advise the culpable person, location and / or his or her superior preferably by registered letter with acknowledgment of receipt why you feel discriminated against and that you want to assert the claims of the AGG.
Enlist support: Speak to your family and friends about the discrimination you experienced. In doing so, you can secure recourse for the legal proceedings.
Find a counselling centre: Visit a counselling centre before you go to court. It can be helpful for example in the formulation of a written complaint, in out-of-court conciliation procedures, and also in the search for lawyers.
Before you bring an action against discrimination in civil law/service sector in North Rhine-Westphalia, you must carry out a conciliation procedure. The local arbitration court in the district, where the applicant has got his or her residence or in case of a company its company headquarters lie, is responsible for such conciliation procedures. The addresses of the respective arbitrators in North Rhine-Westphalia can be found at: Counselling Centres, or www.streitschlichtung.nrw.de; www.justiz.nrw.de. The cost of a conciliation procedure ranges between 10 Euro to 25 Euro and in exceptional cases up to 40.Euro
Besides North Rhine-Westphalia, corresponding laws in Bavaria and Schleswig-Holstein stipulate a conciliation procedure prior to a lawsuit.
How should I behave when I am being discriminated against?
Keep calm and level-headed!
- Don’t allow yourself to be provoked
- Ascertain whether there are witnesses
- Write down exactly what happened
Demand Your Rights Immediately!
- What claims am I entitled to make?
The lodgement of the Lawsuit
- Avail yourself of legal advice
- Organise support