Discrimination in the workplace - legal protection of foreign employees

Discrimination occurs when a person is treated unequally or disadvantaged - namely without objective reasone.g. because of:

• ethnic origin
• the nationality
• the skin color
• religion or belief
• of age
• of gender or sexual identity

Even subtle forms, such as derogatory remarks, exclusion or discrimination in the allocation of shifts, can be regarded as discrimination.

Your obligations as an employer

As an employer, you are obliged under the AGG:

1. Your employees protect against discrimination
2. For complaints to react appropriately and promptly
3. A Climate open to complaints to create
4. In case of violations take appropriate measures (e.g. warnings, transfers, training)
5. Inform new employees about their rights under the AGG

Tip: Refer to the AGG and the relevant complaints offices in the employment contract, the onboarding process or the company regulations.

 What happens in the event of violations?

If an employee is discriminated against because of their origin or religion, this can have serious consequences for your company:

• Claims for damages and compensation by the person concerned (§ 15 AGG)
• Loss of image and disturbance of the working atmosphere
• Consequences under labor law in the event of repeated or ignored incidents

Particularly tricky: If you as an employer ignore indications of discrimination or do not take them seriously, you can Self-liable be made.

Establish protective mechanisms in the company

In order to effectively protect foreign employees and promote a non-discriminatory work culture, the following measures are recommended:

• Internal contact persons for complaints
• Intercultural training for managers and teams
• Clear values & rules Anchoring in the mission statement or house rules
• Neutrally worded job advertisements (no nationality or age requirements)
• Sensitization as part of the onboarding process for all employees

Discrimination in the workplace is not only morally unacceptable, but also legally prohibited. As an employer, you have a duty to Equal opportunities, respect and an inclusive working environment regardless of the origin of your employees.

Promoting diversity not only attracts motivated specialists, but also strengthens corporate culture and competitiveness in the long term.