Handling AGG Complaints: Processes under § 13 AGG

The General Equal Treatment Act (Allgemeines Gleichbehandlungsgesetz - AGG) obligates employers in Germany, regardless of company size, to establish an internal contact point pursuant to § 13 AGG. This office functions as a protected contact point for employees who experience discrimination in their employment relationship based on race, ethnic origin, gender, religion or belief, disability, age, or sexual identity. The legislature thereby obligates management to establish an operational supervisory body that operates objectively separated from executive management.

The urgency of a functioning infrastructure is proven by evaluations from the Federal Anti-Discrimination Agency (Antidiskriminierungsstelle des Bundes): in the 2024 annual report, among cases related to an AGG characteristic, one in three cases (33 percent) concerned job hunting, job interviews, the workplace, or departure from employment. Discrimination is not an isolated personal incident, but an operational liability risk for companies. If a transparent contact point is lacking, allegations immediately shift to labor courts or regulatory authorities.

The AGG Complaints Office (Beschwerdestelle) is neither an emotional counseling facility nor an extended arm of the human resources department. Its primary statutory duty is neutral, objective fact-finding. It investigates facts, secures evidence, and evaluates events free from instructions by company management.

Failure to establish a functioning complaints office or ignoring justified complaints violates organizational duties of care under § 12 AGG. This leads to direct liability risks for corporate officers under § 130 OWiG. Fulfilling AGG obligations is therefore an indispensable prerequisite for a legally compliant governance system.

The case management process begins with the formal receipt of a complaint. Under § 13 AGG, the submission is legally not tied to any specific form. Employees can submit their concern orally, via email, or in writing. For the processing office, this freedom of form creates the duty to transfer informal information immediately into a structured, legally sound case file.

Upon receipt, the contact point must issue a written or digital confirmation of receipt to the complainant without delay. This step fixes the start of processing and clarifies that the law obligates the contact point to perform a substantive review.

During initial assessment, the office evaluates whether the described facts fall within the personal and material scope of the AGG. If a connection to protected characteristics under § 1 AGG is missing or no employment relationship exists, the proceeding must be closed with a reasoned rejection or forwarded to competent bodies such as the works council (Betriebsrat).

Absolute confidentiality applies from the very first moment of receipt. Emails sent to open distribution lists or shared inboxes expose the proceeding to unauthorized readers and endanger the process. Establishing a protected digital infrastructure for the AGG Complaints Office is mandatory to exclude unauthorized access.

In AGG case management, compliance with legal deadlines determines the employer's operational capacity to act legally. For affected individuals, a strict two-month deadline applies under § 15 (4) AGG to assert claims for damages or compensation in writing against the employer. Failures in deadline calculation lead to the permanent loss of civil law claims.

The trigger for the deadline depends on the nature of the discrimination. In job applications or career advancement opportunities, the two-month deadline begins upon receipt of the rejection. In ongoing employment relationships, the deadline starts at the moment the affected person gains knowledge of the discriminatory measure.

An internal complaint procedure under § 13 AGG does not automatically suspend the deadline for written assertion under § 15 (4) AGG. The complaints office must therefore process the case with high priority so that all facts are available before the deadline expires.

Investigating the facts requires absolute neutrality and methodical precision from appointed officers. The core of the procedure consists of separate interviews with the complainant, the accused person, and potential witnesses. Confronting all parties in the same room is impermissible, as it creates pressure situations and hinders unbiased testimony.

The law facilitates evidence collection for affected individuals under § 22 AGG through a special rule on the shift of the burden of proof (Beweislastverteilung). If the complaining party proves facts suggesting discrimination, the employer carries the burden of proof that no violation of AGG provisions occurred.

All interviews must be recorded in detailed verbatim or summary protocols. A usable protocol documents verifiable facts such as dates, times, specific statements, and present individuals rather than subjective perceptions of the investigators.

Protocols must be presented to interviewed individuals for countersignature immediately after the hearing. If a person refuses to sign, this circumstance and the stated reasons are documented in the file.

Protecting individuals involved in the proceeding against disadvantages is the fundamental prerequisite for a functioning complaints office. Pursuant to § 16 (1) AGG, employers must not disadvantage employees for exercising rights under the second section of the AGG; protection explicitly extends to individuals who support employees or testify as witnesses. This prohibition of victimization (Maßregelungsverbot) protects against direct sanctions as well as subtle daily workplace disadvantages.

The complaint file is subject to strict data protection access restrictions under GDPR and § 26 BDSG. The identity of affected persons may only be disclosed to units that must necessarily be involved to process the case or decide on labor law consequences.

A breach of confidentiality by members of the contact point constitutes a separate breach of duty. Strict compliance with the need-to-know principle secures employee trust in the office and protects the company from data protection fines.

Upon concluding fact-finding, the AGG Complaints Office (Beschwerdestelle) synthesizes its findings into a comprehensive, written result report. This document evaluates the gathered evidence against the statutory criteria of § 1 AGG and delivers a clear, objective assessment on whether discrimination occurred.

A strict functional boundary separates fact-finding from disciplinary action. The complaints office possesses no direct disciplinary authority over employees; its mandate is strictly limited to objective investigation and reporting.

Deciding on and enforcing labor law sanctions is the exclusive authority of company management and the human resources department. Based on the findings in the result report, management evaluates necessary measures under § 12 (3) AGG, ranging from formal warnings (Abmahnung) and reassignment to extraordinary termination (fristlose Kündigung).

This division of roles maintains the impartiality of the complaints office while ensuring that labor law decisions remain legally sound and enforceable.

Operational case management under § 13 AGG requires end-to-end, tamper-proof documentation across every stage of the procedure. From initial intake and interview protocols to the final result report and management decision, every record must be timestamped and auditably stored.

In complete compliance documentation, incomplete records or informal emails create severe legal vulnerability. If a regulatory authority or court reviews an incident, management must present a complete chain of evidence proving that protection obligations under § 12 AGG were fulfilled without delay.

Under § 130 OWiG, corporate officers face personal administrative fines if supervisory duties are breached. A centralized, digital case management system transforms unstructured compliance handling into an audit-proof, repeatable process.

Seamless AGG case management is not merely an administrative obligation; it is a critical component of modern operational governance that safeguards both company culture and executive management from liability.

Under § 13 AGG, employers in Germany must establish a neutral complaints office, regardless of company size. It serves as a protected contact point for employees experiencing discrimination and conducts objective fact-finding free from management directives.

According to § 15 (4) AGG, claims for damages or compensation must strictly be asserted in writing within two months. Missing this deadline generally leads to a permanent loss of these civil law claims.

No, an internal complaint procedure under § 13 AGG does not automatically suspend the two-month deadline for asserting claims in writing. The complaints office must therefore process cases with high priority to secure the timeline.

Section 22 AGG provides a special rule: if the complaining party proves circumstantial evidence suggesting discrimination, the burden of proof shifts to the employer to prove that no violation of the AGG occurred.

Yes, the prohibition of victimization (Maßregelungsverbot) under § 16 (1) AGG protects complainants and supporting witnesses from both direct sanctions and creeping disadvantages in their daily work life.