The General Equal Treatment Act (AGG) plays a major role for human resources departments – for example in application or dismissal protection procedures. Now it needs to be adjusted. The Federal Ministry of Justice and Consumer Protection (BMJV) and the Federal Ministry of Education, Family, Senior Citizens, Women and Youth (BMBFSFJ) have presented a draft bill for this purpose. The draft includes expansions of protection against discrimination as well as changed procedural regulations and entitlements.
AGG: That’s what the draft bill provides for
The deadline for asserting claims should be longer in the future. This means that people who have been discriminated against would no longer have just two months to assert their claims, but four months.
In addition, the anti-discrimination body should be able to offer a dispute resolution procedure to which anyone who believes that they have been discriminated against has access. The anti-discrimination agency can also support people who have been discriminated against in court proceedings or – if desired – submit a statement.
With the draft, the ministries also want to expand or clarify discrimination criteria. The discriminatory criterion “age” should be replaced by the term “age”. The reason: “It is intended to prevent the misconception that the AGG only prohibits discrimination because of ‘old age’,” says the draft bill. At the same time, protection against discrimination for pregnant women and mothers should be improved. However, the draft only says: “It is made clear that discrimination due to pregnancy or motherhood represents direct discrimination due to gender throughout the entire scope of application of the AGG.”
New church clause planned
There should also be clearer rules in the AGG in the future for another issue that repeatedly concerns the labor courts: the so-called church clause should be adjusted. The regulation allows religious communities and their institutions, within certain limits, to treat employees differently because of their religion or belief. For this reason there is a separate church labor law.
It should be made clear that there must be a connection between the religion or worldview and the specific type of activity of the employees concerned or the circumstances in which they are carried out. In other words: Not every person with a church employer should be assessed based on their religious affiliation. For example, people leaving the church are often punished in the form of dismissals, which courts often subsequently declare to be ineffective.
No change to AGG hoppers
According to labor lawyer Prof. Dr. According to Michael Fuhlrott, the draft law is “more of a reform than a real reform with a dubious thrust”. On Linkedin he doubts: “It remains to be seen whether legal proceedings will win with the assistance of the anti-discrimination agency.” Fuhlrott assumes that the assistance and its impact will be limited to a few “lighthouse” and fundamental procedures.
The labor lawyer is also disappointed that the draft does not mention so-called AGG hopping. When AGG hopping, people specifically apply for job advertisements that can be interpreted as discriminatory without having any real interest in the position. The aim of these people is to assert claims for compensation under the AGG after a rejection. “Unfortunately, there is no regulation in the law on the vexed topic of ‘AGG hopping’ and the defense against unjustified claims; the terms abuse of rights, misuse or AGG hopping do not appear in the entire justification for the law,” says Fuhlrott.
In an accompanying FAQ, the question “Why aren’t more changes to the AGG being proposed?” says:
“It has so far been possible to discuss further changes between the affected departments
no agreement can be reached.” This could also affect the AGG hoppers, because the CDU, for example, is in favor of a database “that enables courts to
to see how often a person has already complained.” This is how abusive things can happen
Behavior can be recognized early. This was discussed alongside other AGG reform proposals at the CDU party conference in February this year. The proposal for an AGG Hopper database is not new, but has so far failed due to data protection concerns and a lack of legal feasibility.
Cawa Younosi: “One step forward”
“Under the current circumstances and the political constellation, it is a step forward, even if it is not the big breakthrough that was expected after the coalition agreement. We are planning a big meeting with the business community in coordination with the two rapporteurs from the government parties.”
Three days for a statement
The draft bill was sent to the federal states and associations. They have until April 17, 2026 to comment on this. “If you set such a short deadline, then it’s more of a fig leaf for an association to participate, where if possible there shouldn’t be any ‘real’ input that you still have to deal with,” adds Fuhlrott.
The possible changes can be viewed here.
Lena Onderka is editorially responsible for the Employee Experience & Retention area – which also includes, for example, the topics of BGM and employee surveys. She also looks after the topic of diversity. She is also the editorial contact for the German Human Resources Summit and the HR Forum Banking.
