1. Protection against discrimination in Germany

In Germany, foreigners are protected by law from unequal treatment. The General Equal Treatment Act (AGG) , also known as the Anti-Discrimination Act, protects people from discrimination in various areas of life, particularly in the workplace . A particular focus is on protection against discrimination based on ethnic origin or nationality—including discrimination against foreigners. For foreign workers, this means: They may not be treated less favorably than their German colleagues when applying for jobs, in their everyday working lives, or when accessing training and continuing education programs.

Protection against racial discrimination is particularly relevant when filling positions. Employers are prohibited from discriminating against applicants based on their nationality, name, or origin. The AGG also applies to existing employment relationships. If bullying-like behavior, derogatory comments, or systematic discrimination based on foreign origin occur, employees have the option of taking legal action with the works council, the anti-discrimination agency, or the courts. According to Section 12 of the AGG, employers are even obligated to take measures to prevent discrimination in the workplace .

2. What is discrimination against foreigners in labor law?

Foreign nationals may not be discriminated against because of their nationality (Section 7 of the General Equal Treatment Act). Direct discrimination occurs in particular when a person is treated less favorably than another person in a comparable situation is, has been, or would be treated on such a ground (Section 3 (1) of the General Equal Treatment Act). In this case, discrimination occurs. In practice, the following forms of discrimination are most common:

• an applicant does not get the job because of his foreign origin

• constant (harassing) remarks by superiors or employees about ethnic origin

• racist denigration or racist insults

• Denial of benefits based on skin color, religion or language skills

• Dismissal on the grounds of race or ethnic origin

In Germany, discrimination in the workplace is prohibited by law – and those affected have the right to actively defend themselves . Anyone who feels discriminated against can take legal action and is entitled to damages or compensation. Document incidents, consult with the works council or a trusted representative, and seek legal advice.