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In Germany, job discrimination is not tolerated and is strictly controlled by comprehensive laws. Everyone, regardless of their race, gender, age, disability, religion or sexual orientation, has the right to fair and equal treatment in the workplace. This is underpinned by both the German General Act on Equal Treatment (AGG) and the European Union's directives. Freiburg im Breisgau, as a part of Germany, adheres to these laws, ensuring all employees and job applicants are protected against discrimination.
Situations where you may require the help of a lawyer can include if you have faced unfair treatment, harassment, or denial of rights on the basis of your background or personal traits. A lawyer could also be necessary if you are witnessing ongoing discriminatory practices in your workplace but your complaints are being ignored or minimized. Legal advice is advisable when considering actions such as making formal complaints or pursuing a lawsuit against the offending entity.
The key aspects of local laws relevant to Job Discrimination in Freiburg im Breisgau are enshrined in Germany’s AGG. These laws cover areas such as unequal treatment in hiring, compensation, promotion, dismissal, and working conditions. The AGG also protects against verbal, physical or sexual harassment at work. German law obliges employers to protect their staff from discrimination, including where a third party is the source. Non-compliance can lead to compensation claims.
If you face discrimination at your workplace, the first recourse is to report this behavior to your immediate supervisor or the human resources department. If your employer does not respond or the situation worsens, you may need to consider pursuing legal action.
Evidence varies significantly but can include emails, texts, or witness testimonies that show discriminatory behavior. Statements expressing discriminatory sentiments are also pertinent. Evidence of the adverse impact of discrimination, such as missing a promotion or being denied certain responsibilities, is crucial.
While not mandatory, having a lawyer can be beneficial. A lawyer specializing in job discrimination can navigate intricate legal frameworks, compile supporting evidence and advocate on your behalf.
Legally, your employer is not allowed to retaliate against you for raising or pursuing a discrimination claim. If they do, you may have additional legal recourse.
A lawsuit must typically be filed within three months of the discriminatory act. There might be some exceptions which a lawyer can help you understand.
You may find valuable information and assistance from government entities such as the Federal Anti-Discrimination Agency (ADS) and the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth (BMFSFJ). Non-profit organizations like the German Trade Union Federation can also provide support.
If you believe you are a victim of job discrimination in Freiburg im Breisgau, Germany, and your employer is not responding, consult a legal professional. A lawyer specialized in job discrimination can review your situation, provide advice, and guide you toward the best course of action, whether that be mediation, a formal complaint, or legal action.
