Complaint, deadline, compensation: what you can do after harassment or discrimination at work (Germany)

Matthias Linke
Updated: 13.11.2026 · 3 min read

In short

Anyone who feels harassed or discriminated against at work can complain within the workplace under section 13 of the General Equal Treatment Act (AGG) and claim damages or compensation under section 15 AGG. Short deadlines apply: under section 15(4) AGG the claim must be asserted in writing within two months, and under section 61b of the Labour Courts Act (ArbGG) a lawsuit must follow within three months after that. Section 22 AGG eases the burden of proof, and section 16 AGG protects against retaliation. An extension to four months is so far only a draft bill. This is not legal advice.

This text is not legal advice. It explains what German law says as of 13 November 2026. The deadlines are short and strict, so seek advice early.

Your rights under the AGG

The General Equal Treatment Act (Allgemeines Gleichbehandlungsgesetz, AGG) protects employees from discrimination, for example on grounds of sex, origin, disability, age or sexual identity. Under section 3(4), sexual harassment counts: unwanted, sexually determined conduct that is meant to violate dignity or does so. The effect matters, not the intention.

Under section 13, employees may complain to the competent body at work, whoever the discrimination comes from. The complaint must be examined and the outcome communicated. If the employer does nothing or acts in a manifestly unsuitable way, section 14 allows those affected to stop work without losing pay, where necessary for their protection; take advice first. Section 16 forbids retaliation against people who exercise their rights, support others or give evidence.

Compensation and the two deadlines

Under section 15(1), the employer must compensate damage unless it is not responsible for the breach. Under section 15(2), employees can claim reasonable compensation for non-material harm; for a non-hire it is capped at three months' salary if the person would not have been hired anyway. Claims must be asserted in writing within two months (section 15(4) AGG), unless a collective agreement says otherwise; a section 13 complaint is not the same thing. A lawsuit must follow within three months after the written claim (section 61b(1) of the Labour Courts Act, ArbGG). Under section 22, it is enough to prove indications of discrimination; the other side must then prove there was no breach.

The planned reform

The Second Act amending the AGG (printed paper 21/6178) had its first reading on 11 June 2026 and a committee hearing on 5 October 2026. As of 13 November 2026 it is not passed. It would extend the deadline from two to four months and create a conciliation body at the Federal Anti-Discrimination Agency (ADS). What applies today is two months.

Where to get help

Federal Anti-Discrimination Agency (ADS): 0800 546 546 5 (Monday to Thursday, 9am to 3pm), beratung@ads.bund.de, post: Glinkastraße 24, 10117 Berlin.
"Violence against Women" helpline: 116 016, free, anonymous, around the clock.
Complaints body under section 13 AGG at your workplace, and the works council or staff council.
A specialist employment lawyer, if you want to assert claims.

This is a summary. The full German article with all details is at the same address under the German site.

Frequently asked questions

Do I have to complain first before I can claim compensation?

Section 15 AGG does not make a prior complaint a requirement. What matters is that the claim is asserted in writing within two months (section 15(4) AGG). A complaint under section 13 AGG and asserting a claim are two separate steps, each with its own effect. How they relate in your own case is something advice can clarify.

Is a complaint by email or in conversation enough to meet the two-month deadline?

Section 15(4) AGG requires the claim to be asserted in writing. A complaint under section 13 AGG is something different from asserting a claim, even though the two are often confused. Which form is enough in an individual case and what exactly the letter should say belong in advice, ideally before the deadline runs.

Do I have to prove that I was discriminated against?

Only in part. Under section 22 AGG, those affected must prove indications that suggest discrimination on the basis of a protected characteristic. If they succeed, the other side must prove there was no breach. Without verifiable indications, the rule does not help. That is why it is worth recording incidents early and precisely.

May I stop going to work if someone is harassing me?

Section 14 AGG allows it under narrow conditions: the employer takes no measures or manifestly unsuitable ones, and stopping work is necessary for protection. Pay is then retained. Whether the conditions are met in your own case is a delicate question. Get advice before you stop work.

Does the four-month deadline already apply?

No. The Second Act amending the AGG is so far a government bill (printed paper 21/6178) and has not been passed, as of 13 November 2026. The law in force is the two-month deadline in section 15(4) AGG. Anyone who relies on a later extension risks losing the claim.

Sources

Bundesministerium der Justiz / Bundesamt für Justiz (gesetze-im-internet.de): Allgemeines Gleichbehandlungsgesetz (AGG), §§ 3, 13, 15, 16 (2006), retrieved 13 Nov 2026
Bundesministerium der Justiz / Bundesamt für Justiz (gesetze-im-internet.de): Arbeitsgerichtsgesetz (ArbGG), § 61b Klage wegen Benachteiligung (1979), retrieved 13 Nov 2026
Rechtsanwalt Dr. Martin Hensche (hensche.de): AGG §§ 14 und 22 (Gesetzestext, Wiedergabe) (2026), retrieved 13 Nov 2026
Deutscher Bundestag, Rechtsausschuss: Öffentliche Anhörung zum Zweiten Gesetz zur Änderung des AGG (Drucksache 21/6178) (2026), retrieved 13 Nov 2026
Bundesministerium für Bildung, Familie, Senioren, Frauen und Jugend: Antidiskriminierungsstelle des Bundes (Kontaktangaben) (2026), retrieved 13 Nov 2026
Verfassungsblog: Kritik an der AGG-Reform (Stand des Verfahrens) (2026), retrieved 13 Nov 2026

General information about German law and conditions, not legal advice. Legal position and figures: see “Updated” above and the retrieval dates of the sources.

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