Indicator history

The AGG provisions lay down that the perpetrator needs to pay for the damage that was caused by the discriminatory act. This applies to both the sphere of labour law (art. 15 (1) AGG) and civil law (art. 21 (2) AGG); however, the discriminating party is only obliged to compensate for the caused damage if he/she can be made responsible for the maltreatment. If no direct (financial or economic) damage arose from the discriminatory act, the victim is still entitled to ‘appropriate compensation’. While this is not further specified in the civil law provisions, the labour law regulations defines the maximum amount of  compensation to be not more than the equivalent of three monthly salaries ‘in the event of non-recruitment, provided the victim would not have given the job anyway (i.e. if the selection process would have been free from discrimination).

Source:

• General Equal Treatment Act (Allgemeines Gleichbehandlungsgesetz, AGG), 14.08.2006, http://www.gesetze-im-internet.de/agg/ (accessed on 21.12.2011).