Question 1

Which employers must set up an AGG complaints office?

Accepted Answer

Every employer in Germany must designate a complaints office under Section 13 AGG, regardless of headcount. The duty is not tied to a threshold. Sole proprietors with one employee are covered, as are public sector entities, churches and works councils acting as employers. Failure to designate a complaints office is not a separate fine, but it weakens the employer's defence in discrimination claims.

Question 2

When does the HinSchG channel become mandatory?

Accepted Answer

Section 12 Para. 1 HinSchG requires every employer with as a rule 50 or more employees to operate an internal reporting channel. The duty has applied to employers with 250 or more employees since 2 July 2023 and to employers between 50 and 249 employees since 17 December 2023. For the financial services firms listed in Section 12 Para. 3 HinSchG the duty applies whatever the headcount; for municipalities it follows the applicable state law. Private employers between 50 and 249 employees may run a joint reporting office under Section 14 Para. 2 HinSchG and share the resource, and Section 14 Para. 1 HinSchG expressly permits a third party to be entrusted with the task.

Question 3

Can the AGG complaints office and the HinSchG channel be combined?

Accepted Answer

Yes, combined operation is permissible provided that reporters are clearly informed which channel applies to which subject matter and that case routing respects the requirements of each statute. The AGG complaints office covers the protected characteristics in Section 1 AGG, the HinSchG channel the catalogue in Section 2 HinSchG. The difference lies in procedure. Section 17 Para. 1 HinSchG sets hard deadlines, acknowledgement within seven days and feedback within three months, whereas the AGG names no deadline but requires immediate action under Section 12 Para. 3 AGG once a disadvantage has been established. Run both through one intake and the stricter deadline governs.

Question 4

What sanctions apply for HinSchG and AGG breaches?

Accepted Answer

Section 40 Para. 2 HinSchG provides administrative fines up to 50,000 EUR, among other things for obstructing a report, for retaliation against a reporter and for breaching confidentiality. Failing to establish an internal reporting channel is itself a regulatory offence. AGG breaches carry no fine but expose the employer to civil claims under Section 15 AGG: Para. 1 covers material damage where the employer is at fault, Para. 2 compensation for non-material damage. The much-quoted three monthly salaries apply only in the recruitment case, and only where the applicant would not have been hired even under a selection free of discrimination. Claims must be asserted within two months under Section 15 Para. 4 AGG.

Question 5

Can the AGG complaints office be external?

Accepted Answer

Yes. Section 13 AGG does not restrict the complaints office to internal personnel, and Section 14 Para. 1 HinSchG expressly permits a third party to be entrusted with the reporting office. External AGG ombudspersons are common, in particular for SMEs without dedicated HR compliance. The practical advantage is distance from the line organisation: a complaint about a manager does not travel through the same HR function that decides on that manager's promotion. Responsibility stays with the employer, the third party acts on its behalf. External providers operate by retainer between 1,500 and 5,000 EUR per month for combined AGG and HinSchG channels.

Question 6

What are the AGG training obligations under Section 12 paragraph 2?

Accepted Answer

Section 12 Para. 2 AGG requires the employer to point out in a suitable way that discrimination is unlawful, and states that suitable training discharges the duty in Section 12 Para. 1. A cadence of at least every two years is common practice, above all for managers with disciplinary authority and HR personnel. Documentation of attendance matters more than the training format, because Section 22 AGG reverses the burden of proof once the employee presents indicia of discrimination and the employer must then show that no breach occurred. A training record naming date, content and participants is the evidence that the preventive duty under Section 12 Para. 1 AGG was actually discharged rather than merely written into a policy.

Equal Opportunity Officer

Talk to us about Equal Opportunity Officer

What is the AGG Complaints Office?

Core duties

When the AGG complaints office is mandatory

Typical sectors

How CIVAC supports AGG and HinSchG compliance

Frequently asked questions

Need this officer role for your organisation?