Discrimination against foreigners: Draft for the reform of the General Equal Treatment Act (AGG) presented

At a time when Germany is more desperately than ever before recruiting bright minds from all over the world, one would think that the legal protection of these people would be a top priority. But who, as a highly qualified professional, Skilled workers who come to Germany often face a reality that doesn't match the glossy welcome brochures at all. While the political debate about the While calls for skilled worker immigration and Germany's competitive advantage as a business location grow louder, the legal foundation against discrimination remains alarmingly fragile . Now, the long-awaited draft for the reform of the General Equal Treatment Act (AGG) has finally been presented . However, what was announced as a major step forward for social peace and legal certainty, upon closer legal examination, reveals itself to be more of a timid repair operation under European pressure than a bold commitment to a modern immigration society.

The dynamics of the reform: Between time pressure and stagnation

The way this draft was presented speaks volumes about the importance the Federal Government attaches to the issue. The participating associations were given a mere three days to comment on a highly complex legislative proposal. In legal practice, such a procedure can hardly be considered genuine participation. It appears more like an attempt to quietly fulfill a necessary obligation. We are concerned that an opportunity to structurally develop the General Equal Treatment Act (AGG) is being missed. Instead, the draft is limited to isolated adjustments, most of which are already mandated by EU regulations. For a modern For skilled workers who consciously choose Germany and expect fair starting conditions here, this "minor reform" sends a weak signal. German anti-discrimination law thus falls far short of the standards that would be appropriate for an attractive immigration country compared to other European countries.

Extending the deadlines for filing lawsuits: A drop in the ocean

A key point of the draft legislation is the amendment to Section 15 Paragraph 4 of the General Equal Treatment Act (AGG) . Previously, claims for discrimination had to be submitted in writing within an extremely short period of two months. This period is now to be doubled to four months . While we generally welcome this step, we consider it entirely inadequate. In our daily practice, we observe that those affected – especially newcomers to the country – need time to understand their experiences legally and seek qualified advice. Four months is still shamefully short by international standards. In many neighboring countries, those affected have years to take action against discrimination. A period of at least twelve months would have been necessary to guarantee effective access to justice. The fact that the German government is acting so hesitantly here raises concerns that protection against discrimination will continue to be thwarted by bureaucratic hurdles.

The major gaps: Where the reform denies protection

What's missing from the draft is almost more serious from a legal perspective than what it contains. One of the most pressing demands of civil society was the extension of the General Equal Treatment Act (AGG) to state action. Who, as a foreign national, Professionals who experience discrimination during dealings with authorities or police actions remain largely unprotected under the current draft of the General Equal Treatment Act (AGG) . Furthermore, the opportunity to introduce the right of associations to bring legal action was missed. Currently, those affected must bear the full cost risk and psychological burden of litigation alone. Collective legal protection, in which anti-discrimination associations could sue on behalf of their members, would have significantly strengthened the enforcement power of the law. The recognition of further grounds for discrimination, such as nationality or social status, is also conspicuously absent. Without the right of associations to bring legal action and the inclusion of state action, the AGG remains a toothless tiger in administrative practice.

The new role of the Federal Anti-Discrimination Agency

It is a positive development that the Federal Anti-Discrimination Agency (ADS) is slated to receive expanded powers. It is intended to support victims as legal counsel in court proceedings and to conduct mediation processes. Theoretically, this could help avoid lengthy and costly litigation. However, as a law firm, we have serious reservations: Paperwork is patient. Without a substantial increase in personnel and funding for the ADS, these new tasks will be ineffective. An agency already operating at its limit will hardly be able to provide comprehensive legal support. For highly qualified For skilled workers, this means: The promised state support remains a promise without a guarantee.

Conclusion

In summary, the current draft of the General Equal Treatment Act (AGG) reform is a disappointment for all those who had hoped for a genuine strengthening of migrants' rights. The German government is merely implementing the bare minimum necessary to avoid EU infringement proceedings. There is no sign of a proactive policy that would address discrimination as an obstacle to successful integration. We are far from understanding the importance of skilled worker immigration . Germany continues to have one of the weakest anti-discrimination laws in Europe , which severely damages the country's attractiveness to international talent.

How we can help you

As a specialized law firm in visa law, we support you in asserting your rights, even in the face of resistance. At Visaguard, we review your discrimination cases individually and help you make the most of the – unfortunately still short – deadlines stipulated by the General Equal Treatment Act (AGG). We not only guide you through the visa process but also stand by your side if you encounter injustice in Germany. Trust in our expertise to ensure your legal security throughout your time in Germany.