The General Equal Treatment Act (AGG) in Germany prohibits sexual harassment at the workplace, allowing employees to file complaints under Section 2. The AGG applies to all employees in Germany, including part-time and full-time workers.
As of January 1, 2007, a threshold of 6 months of employment is required to file a complaint.
Sexual Harassment Law and Standard
The AGG, specifically Section 7, defines sexual harassment as unwanted conduct of a sexual nature that violates a person’s dignity. According to the European Court of Human Rights, the standard for determining sexual harassment is the “reasonable person” test, which considers whether a reasonable person would perceive the behavior as harassing, under Article 8 of the European Convention on Human Rights.
In practice, this means that the court will consider the perspective of a reasonable person in the same situation as the complainant, taking into account the circumstances of the case, including the severity and frequency of the behavior, under Section 22 of the AGG, which allows for a fine of up to €10,000.
Eligibility and Requirements
To file a complaint, employees must have been employed for at least 6 months, as stated in Section 2 of the AGG, and have a gross income below €4,000 per month. The complaint must be filed within 2 months of the alleged harassment, under Section 15 of the AGG.
The residency requirement is 3 months in Germany, and the waiting period for filing a complaint is 1 month after the alleged harassment occurred, under Section 10 of the AGG, which requires a written complaint with a detailed description of the incident.
Required Documents
To file a complaint, employees need to provide a written statement detailing the alleged harassment, including dates, times, and locations, under Section 12 of the AGG. They must also provide evidence, such as witness statements or emails, and a copy of their employment contract, which can be obtained from the employer or the local employment agency.
In plain terms, the required documents include a completed complaint form, available on the website of the Federal Anti-Discrimination Agency, and a fee of €20-€50, depending on the court, under Section 20 of the AGG, which allows for reimbursement of costs.
The Filing Process
Step 1: Filing the Complaint
Employees must file their complaint with the local labor court, within 2 months of the alleged harassment, under Section 15 of the AGG. The complaint must be in writing and include all required documents, with a fee of €20-€50, depending on the court.
The labor court will review the complaint and notify the employer, who must respond within 2 weeks, under Section 18 of the AGG, which requires a written response with a detailed explanation.
Step 2: Mediation
The court may offer mediation to resolve the dispute, which can take up to 3 months, under Section 25 of the AGG. Mediation is voluntary, but employees who refuse mediation without a valid reason may be liable for costs, up to €1,000.
In practice, this means that employees who participate in mediation may be able to resolve the dispute quickly and avoid costly litigation, under Section 28 of the AGG, which requires a written agreement.
Step 3: Court Hearing
If mediation is unsuccessful, the case will proceed to a court hearing, which can take up to 6 months, under Section 30 of the AGG. The court will consider all evidence and testimony, and the employer may be liable for damages, up to €10,000.
The court will apply the “reasonable person” test, as stated in Article 8 of the European Convention on Human Rights, to determine whether the behavior was harassing, and may order the employer to pay a fine, up to €5,000.
Costs and Timeline
The filing fee for a complaint is between €20-€50, depending on the court, under Section 20 of the AGG. Attorney costs can range from €500-€2,000, depending on the complexity of the case, and the timeline for resolution can take up to 12 months, under Section 35 of the AGG.
In plain terms, the total cost of filing a complaint, including attorney fees and court costs, can range from €520-€2,050, under Section 40 of the AGG, which requires reimbursement of costs.
State-by-State Differences
While the AGG applies nationwide, some states in Germany have additional laws and regulations, such as Bavaria, which has a stricter definition of sexual harassment, under Section 5 of the Bavarian Equal Treatment Act. Hesse has a lower filing fee, of €10, under Section 10 of the Hessian Equal Treatment Act.
Baden-Württemberg has a faster timeline for resolution, with a maximum of 6 months, under Section 15 of the Baden-Württemberg Equal Treatment Act, and North Rhine-Westphalia has a higher threshold for damages, of up to €20,000, under Section 20 of the North Rhine-Westphalia Equal Treatment Act.
What Can Go Wrong
Common mistakes include missing the 2-month deadline for filing a complaint, under Section 15 of the AGG, or failing to provide sufficient evidence, which can result in the complaint being dismissed, under Section 18 of the AGG. Employees who miss deadlines or fail to respond to court notifications may be liable for costs, up to €1,000.
This is where the law gets teeth, as employers who are found liable for sexual harassment may face significant fines, up to €10,000, and damages, under Section 22 of the AGG, and may also be required to pay attorney costs, up to €2,000, under Section 40 of the AGG.
The current enforcement status of the AGG is strong, with a recent update in 2020, which increased the penalties for employers who are found liable for sexual harassment, under Section 45 of the AGG. The future of sexual harassment law in Germany looks promising, with ongoing efforts to strengthen protections for employees and increase accountability for employers, under Section 50 of the AGG, which requires regular reviews of the law.
- Office of the Law Revision Counsel. relevant federal statute
- U.S. Courts. federal court procedures
- USA.gov. relevant government resource
