How can I legally protect myself against workplace discrimination?
April 10, 2022 | 40,00 EUR | answered by Hans Krüger
Dear lawyer,
My name is Greta Rademacher and I have been working as a project manager in a medium-sized company for five years. Lately, however, I have increasingly felt that I am being discriminated against based on my gender. My direct supervisor treats me differently than my male colleagues, gives me less responsibility, and seems to evaluate my performance lower. Additionally, derogatory comments about women are often made in meetings, which personally hurt me.
This situation is becoming increasingly burdensome for me, and I am wondering how I can legally defend myself against this discrimination in the workplace. I no longer want to remain silent and be treated unfairly. Are there specific laws or regulations that protect me in such a situation? What steps can I take to defend my rights and stop the discrimination?
I would greatly appreciate it if you could provide me with specific legal options on how to address this injustice. I want to transform my work environment back into a positive and fair space where I can develop my skills and abilities without discrimination.
Thank you in advance for your support.
Sincerely,
Greta Rademacher
Dear Mrs. Rademacher,
Thank you for your message and your trust in my expertise as a lawyer in the field of civil law. I am sorry to hear that you feel discriminated against in the workplace because of your gender. Discrimination of any kind in the workplace is unacceptable and legally prohibited. You have the right to defend yourself and your rights.
In Germany, there are specific laws that protect you in such a situation. One of these is the General Equal Treatment Act (AGG), which prohibits discrimination based on gender, as well as other characteristics such as race, religion, disability, or sexual orientation. The AGG states that discrimination in the workplace is prohibited and individuals can take legal action.
To address the injustice and stop the discrimination, I recommend taking the following steps:
1. Documentation: Keep a written record of all incidents of discrimination, including the time, place, individuals involved, and specific incidents.
2. Talk to your supervisor: Try to have a conversation with your direct supervisor to clarify the situation. Ask for an explanation for the behavior and make it clear that you feel discriminated against.
3. Involve the works council: If available, you can turn to the works council and ask for support. The works council provides advice and can help you enforce your rights.
4. Conciliation procedure: Alternatively, you can request a conciliation procedure at the Federal Anti-Discrimination Agency or a regional counseling center. There, an attempt will be made to reach an out-of-court settlement.
5. Lawsuit: If all other measures are unsuccessful, you have the option to file a lawsuit in the labor court. There, you can assert your claims and claim compensation or damages.
It is important that you do not feel alone in this difficult situation and seek professional help. I am available in my online office hours to answer your questions and continue to provide legal assistance.
I hope that with this information, you can take a first step towards justice. Please do not hesitate to contact me if you need further assistance.
Sincerely,
Hans Krüger, Lawyer
