How can I take action against discrimination in the workplace?
June 4, 2022 | 40,00 EUR | answered by Nina Koch
Dear lawyer,
I am reaching out to you because I am unfortunately facing a difficult situation in the workplace and I do not know how to address it. My name is Jan Schulz and I have been working as a sales representative in a medium-sized company for several years.
Lately, I have been feeling increasingly discriminated against due to my sexual orientation. My colleagues make derogatory remarks about homosexuals and I am often excluded from important meetings and events. Additionally, I have the impression that my superiors are disadvantaging me in terms of promotions and salary increases, even though I perform just as well as my heterosexual colleagues.
This situation is weighing heavily on me and I am feeling more and more uncomfortable and unhappy in my work environment. I do not want to continue being a victim of discrimination and I am wondering what options I have to address this.
Could you please explain to me what legal steps I can take in a situation like this? Are there specific laws or regulations that protect me as an employee from discrimination? How can I gather evidence and enforce my rights without risking my job?
I would be very grateful if you could help me in this difficult situation and provide me with possible solutions.
Thank you in advance.
Sincerely,
Jan Schulz
Dear Mr. Schulz,
I understand that you are in a stressful situation at work and are facing discrimination based on your sexual orientation. It is important that you do not feel alone and know that there are legal regulations in place to protect you from such forms of discrimination.
First and foremost, I would like to emphasize that the General Equal Treatment Act (AGG) in Germany prohibits discrimination in the workplace. The law protects employees from disadvantages based on characteristics such as gender, ethnic origin, religion, belief, disability, age, and also sexual orientation. In your case, you could invoke the AGG to address the discrimination based on your sexual orientation.
To take legal action, you could first try to have a conversation with your supervisor and address the issue. Often, employers are not aware of discrimination cases in their company and are willing to work towards a solution. If the conversation does not lead to a satisfactory solution, you could consider seeking the advice of a lawyer to enforce your rights.
To gather evidence, you could, for example, make notes of discriminatory incidents, secure emails or messages containing derogatory remarks, and identify witnesses who can confirm your situation. It is important to document all relevant information to support your claims.
It is understandable that the thought of legal action may bring risks to your job. However, it is important that you defend your rights and stand up against discrimination. A lawyer can help you find the best course of action to protect your interests.
I hope that my response was helpful to you and I am available to discuss your situation further and work on possible solutions.
Sincerely,
Nina Koch
