General Non-Discrimination Act
Allgemeines Gleichbehandlungsgesetz (AGG)

General Non-Discrimination Act (AGG) of 14 August 2006 as amended by Art. 8 Para. 1 of the Act of 2 December 2006

The General Non-Discrimination Act (Allgemeines Gleichbehandlungsgesetz, AGG) entered into force on 18 August 2006. The Act ensures the transposition of four EU Equality Directives and provides for a more sustainable protection of persons with disabilities against disadvantages under the Labour Code and for protection against disadvantages under the Civil Code. In mass transactions and private insurance matters, the AGG Act lays down the principles prohibiting unjustified inequalities in transactions with persons with disabilities.

The purpose of this legislation is to ban or abolish discrimination based on race or ethnic origin, gender, religious or ideological affiliation, disability, age or sexual identity.

In line with the rules provided by the Directives, the AGG’s core provides protection against discrimination in employment or occupaoccupational matters. In addition to a ban on discrimination in all matters governed by the Labour Code and its exemption clauses, the Act introduces employer obligations regarding protection against discrimination and employee rights (right to complain, right to deny services) as well as claims in the event of violations against the discrimination ban (compensation, damages).

The AGG also includes provisions excluding disadvantages in transactions under civil law. In addition to a ban on discrimination under civil law for reasons of race or ethnic origin, the Act also provides for a gender-specific discrimination ban. But pursuant to the European legislative provisions, it only applies to mass transactions and private-law insurance.