If you have decided to assert your right to equal treatment in court, you should be aware of several important points.
Area of Emloyment
- Stage 1: Within two months after the knowledge of discrimination, the AGG's claims must be made in a written Form against the discriminating body / person (§ 15 para. 4 AGG).
- Stage 2: Labour compensation claims must be made in accordance with § 61b Arbeitsgerichtsgesetz - ArbGG within three months after the written assertion by means of a complaint.
- A written complaint is not a prerequisite for legal action. A period of two months shall apply to the direct legal action, in accordance with step 1.
- Caution: The period for the application of a protection act in labour law is three weeks after receipt of the notice of termination (§ 4 Kündigungsschutzgesetz - KSchG)!
- The claims, based on the AGG, against the injurious person / body must be made within a two-month period beginning from of the date of the discrimination
- There is no requirement for written form (§ 21 para. 5 AGG). Again, the deadline can be respected within the two-month time limit.
- Caution: In the event of assertion by means of a complaint, the deadline is respected if the action is served to the opposing party within the time limit.
- If you consider an official decision to be discriminatory, you must initially follow the administrative legal process; i.e. to make an appeal against the decision. Upon the rejection of the appeal you may in almost all cases, depending on the area, take legal action with the Administrative, Civil or Financial courts.
- If it concerns an act of discrimination within the area of employment, the Labour court is appropriate.
- Discrimination in the area of utilization of public goods and services is handled by the municipal court.
- Discriminatory behaviour between individuals is also subject to criminal law (for example, defamation, assault and physical injury) and civil law (personal injury). In this case, the municipal court is appropriate.
- If you go to court because of an act of discrimination you need not fear any legal disadvantage. A claim in accordance with the AGG has no effect e.g. on your residence permit.