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Protection against discrimination against foreigners
Everything about protection against discrimination in the workplace for foreigners in Germany.
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how foreigners are protected from discrimination in Germany
what the General Equal Treatment Act (AGG) is
how foreigners defend themselves against discrimination in the workplace
1. Protection against discrimination in Germany
2. What is discrimination against foreigners in labor law?
3. Legal options against discrimination
4. FAQ
5. Conclusion
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, especially 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 worse than their German colleagues when applying for jobs, in their daily work, 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 on the basis 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 based on 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.
3. Legal options against discrimination
The prohibition of discrimination in labor law ensures that employees are protected from discrimination in job applications and employment relationships. If this prohibition is violated, those affected are entitled to damages or compensation from their employer under certain circumstances (Section 15 of the General Equal Treatment Act). This compensation claim can be asserted in court. If you were dismissed because of your nationality or ethnicity, this may also render the dismissal invalid . In this case, you are entitled to reinstatement or severance pay. Violations of the prohibition of discrimination can involve considerable sums.
If you are a victim of discrimination against foreigners in the workplace, you can first contact the government’s anti-discrimination agency They have set up their own "Discrimination Check" on their website and provide further information. Of course, you can also seek the assistance of one of our VISAGUARD attorneys .
4. FAQ
How does the AGG protect foreign workers?
The General Equal Treatment Act (AGG) protects against discrimination based on ethnic origin or nationality (§ 1, § 7 AGG).
What can I do if I experience discrimination at work?
You can contact the works council, the anti-discrimination office or a lawyer and, if necessary, demand compensation (Section 15 AGG).
5. Conclusion
Discrimination against foreigners in the workplace is prohibited by law in Germany. The General Equal Treatment Act (AGG) protects skilled foreign workers from discrimination – both during the application process and during ongoing employment. Employers are obligated to actively prevent discrimination (Section 12 AGG). Racist comments, unjustified dismissals, or rejections based on origin or name can be prosecuted. Those affected are entitled to compensation or reinstatement (Section 15 AGG) and should document incidents, contact the anti-discrimination agency, or seek legal advice. Those who take a stand against discrimination against foreigners are not only acting in their own interest – they are also strengthening a discrimination-free and diverse work culture in Germany.
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List of Sources (Paywall)
[1] Däubler/Hjort/Schubert/Wolmerath, Labour Law, 5th edition 2022
[2] Boecken/Düwell/Diller/Hanau, Complete Labour Law, 2nd edition 2022
[3] Regarding the principle of equal treatment in wage payments, see BAG, judgment of 21 June 2000, Ref. No. 5 AZR 806/98