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About Discrimination Law in Lübeck, Germany

Discrimination law in Lübeck, as in the rest of Germany, is designed to protect individuals from unfair treatment based on personal attributes such as race, gender, religion, disability, age, sexual orientation, and more. The city of Lübeck operates under federal German laws and principles, particularly the Allgemeines Gleichbehandlungsgesetz (AGG) - the General Equal Treatment Act. This law applies to a wide range of scenarios, including the workplace, education, housing, and access to public services. Public and private entities are expected to ensure equal treatment and prevent discrimination, fostering an inclusive environment for all residents and visitors of Lübeck.

Why You May Need a Lawyer

Many people seek legal advice on discrimination when they believe they have been treated unfairly based on personal characteristics. Common situations where legal help may be needed include:

  • Experiencing workplace discrimination in hiring, promotion, or termination
  • Facing refusal of services or entry to establishments based on ethnicity, religion, or disability
  • Encountering harassment or bullying at school or university
  • Discriminatory practices in renting housing or obtaining loans
  • Issues related to accessibility for people with disabilities
  • Complexities in understanding what constitutes discrimination under German law

A lawyer can help you understand your rights, assess if your situation qualifies as discrimination under the law, and guide you through the process of filing complaints or taking legal action.

Local Laws Overview

The most significant law regarding discrimination in Lübeck is the federal General Equal Treatment Act (AGG), which prohibits discrimination on the grounds of race or ethnic origin, gender, religion or beliefs, disability, age, or sexual orientation. Key points include:

  • Employers and service providers are obliged to prevent and address discriminatory practices.
  • Victims have the right to complain within two months from the incident.
  • Burden of proof can be reversed: the affected person must show evidence suggesting discrimination, after which the alleged discriminator must prove otherwise.
  • Remedies may include damages, compensation, or changes in workplace policies.
  • Regional Ombudspersons or complaint bodies exist for informal assistance in Lübeck, supported by the Anti-Discrimination Agency of Schleswig-Holstein.
  • Local laws and support structures may supplement the AGG to provide additional protection.

In specific cases, criminal law may also apply, for example, when discrimination involves insults, threats, or hate crimes.

Frequently Asked Questions

What qualifies as discrimination under German law?

Discrimination involves unjust or prejudicial treatment of an individual based on characteristics such as race, gender, religion, disability, age, or sexual orientation. The law covers both direct and indirect discrimination, harassment, and victimization.

Does the AGG apply to both private and public sectors?

Yes, the AGG applies to both public authorities and private entities, including employers, landlords, businesses, and educational institutions.

What should I do if I believe I have been discriminated against in Lübeck?

Document the incident in as much detail as possible, seek advice from anti-discrimination offices or legal professionals, and consider submitting a complaint to your employer, landlord, or school before pursuing legal action.

Is there a time limit to file a complaint or legal action?

Yes, you must usually submit a complaint within two months of the incident. For legal action, the typical statute of limitations is two months for damages, but acting as soon as possible is recommended.

Can I get compensation for discrimination?

If discrimination is proven, the court may award compensation for material losses and, in some cases, for pain and suffering.

What evidence is needed to support my claim?

Useful evidence includes written communication, witnesses, documentation of similar cases, and proof of how others in similar situations were treated differently.

Are there specific bodies or agencies in Lübeck to help with discrimination cases?

Yes, the Anti-Discrimination Agency of Schleswig-Holstein and local advice centers in Lübeck offer support and guidance for discrimination cases.

How can I protect myself from retaliation after filing a complaint?

The AGG includes provisions to protect individuals from retaliation. Any disadvantage because of your complaint can amount to further unlawful discrimination.

Is language barrier considered as discrimination?

While language itself is not a protected characteristic, discrimination based on ethnic origin or nationality, which may include language issues, could fall under the AGG.

Can a lawyer represent me in negotiations or mediation, not just in court?

Yes, lawyers often help clients negotiate or mediate before any court action is taken, aiming for a settlement or resolution without litigation.

Additional Resources

If you need more information or support, consider reaching out to the following:

  • Anti-Discrimination Agency of Schleswig-Holstein (Antidiskriminierungsstelle Schleswig-Holstein): Provides counseling and support for discrimination cases in Lübeck and region.
  • German Federal Anti-Discrimination Agency (Antidiskriminierungsstelle des Bundes): National-level advice, information and complaint services.
  • Legal Advice Centers (Rechtsberatungsstellen): Offer initial consultations, sometimes for free or at a reduced cost.
  • Local Labour Inspectorates (Gewerbeaufsichtsamt): For workplace discrimination and labor rights.
  • Social and Welfare Associations (Sozialverbände): Such as VdK or AWO, which can guide and support affected individuals.

Next Steps

If you believe you have experienced discrimination in Lübeck and need legal assistance, follow these steps:

  1. Write down all details about the incident, including dates, people involved, and circumstances.
  2. Collect relevant documents, emails, contracts, or statements from witnesses.
  3. Reach out to a local anti-discrimination office or legal advice center for an initial assessment.
  4. If necessary, consult a lawyer specializing in discrimination law for a professional evaluation of your case.
  5. Decide with your lawyer whether to resolve the matter through negotiation, mediation, or formal legal action.
  6. Keep a record of all communications and actions taken for reference during the process.

Remember, acting promptly increases your chances of a favorable outcome. Support is available, and no one should face discrimination alone.

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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.