Claims in accordance with the AGG
If you have experienced unequal treatment on the grounds of a category of the AGG, you can assert the following listed claims. It is important to observe here that the AGG will distinguish between your rights as an employee (employment law) and as a customer (civil law).
- As an employee in accordance with section 6 (1) of the AGG, you can demand compensation for financial loss and reparations for personal injury due to the suffering you have had in connection with all forms of discrimination.
- In case of harassment or sexual harassment at the workplace, you can refuse your work as an employee if the employer does not take any or adequate measures to prevent the discrimination and you can prove health impairment due to the harassment.
- No one should be disadvantaged by the employer because he or she is exercising his / her rights against discrimination or because he/she refuse to carry out a discriminatory instruction of a superior. This applies also to persons who assist employees in the exercise of their rights against discrimination (see prohibition of § 16 or the information bar).
- It is not possible to claim the workplace in court if you have been declined on discriminatory grounds as an applicant for a job position.
- You can claim elimination of unequal treatment. In the case of the rented accommodation, this means that the landlord / landlady has to provide you with a comparable apartment
- In the event of a repetition of offence, you can demand the prohibition of the discrimination in the future
- Again, you can claim compensation for financial losses and compensation for violation personal honor
In the area of civil law, you can file for the reparation of unequal treatment and, in the case of danger of its recurrence, for injunctive relief. You can also claim damages and compensation in this case.