What section 3(4) AGG says

Under German law, the General Equal Treatment Act (Allgemeines Gleichbehandlungsgesetz, AGG), in force since 18 August 2006, prohibits discrimination in working life. Section 3(4) treats sexual harassment as one form of it: unwanted, sexually determined conduct that aims at, or has the effect of, violating a person's dignity. The law's examples include unwanted sexual acts and requests for them, sexually determined physical contact, remarks of a sexual nature and displaying pornographic images. Intent is not required, and there is no fixed catalogue of phrases; the line depends on content, context and effect.

What employers must do

Section 12 AGG requires employers to take necessary protective measures, including preventive ones, and to act on breaches with suitable measures such as a warning, reassignment, transfer or dismissal. They must also protect staff from third parties. Section 13 gives employees the right to complain. If the employer does nothing or acts in a manifestly unsuitable way, section 14 allows those affected, under certain conditions, to stop work without losing pay.

How common it is

IAB Short Report 9/2025 (20 May 2025). In the December 2024 employee survey (2,814 employees), about 20 per cent reported incidents in their closer working environment, 24 per cent of women and 15 per cent of men; this is not a rate of people personally affected. In the 2023/2024 survey of 738 private establishments with at least 50 employees, about 13 per cent named a case in the previous two years and 38 per cent had neither a complaints procedure nor prevention. Of the establishments reporting cases, 72 per cent named a negative consequence. The report assumes a high hidden number; 12 per cent of women and 7 per cent of men expect no support.

Germany deposited its ratification of ILO Convention 190 on 14 June 2023; per Verfassungsblog it has been in force since 14 June 2024. Claims for damages or compensation must generally be asserted in writing within two months (section 15(4) AGG). A reform bill (printed paper 21/6178) would extend this to four months but had not been passed as of 12 November 2026. This is not legal advice.

Where to get help

  • "Violence against Women" helpline (Hilfetelefon): 116 016, also 08000 116 016, free, anonymous, around the clock.
  • Federal Anti-Discrimination Agency (ADS): 0800 546 546 5, Monday to Thursday 9am to 3pm, beratung@ads.bund.de.
  • Complaints body at work (section 13 AGG) and the works council.

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