Concept and Tasks of the Anti-Discrimination Office
An anti-discrimination office is an institution whose aim is to ensure protection against discrimination, support those affected, and contribute to the realization of equal treatment. Anti-discrimination offices exist at national, regional, or company levels and serve both as a point of contact for individuals who feel disadvantaged and as a monitoring and advisory body for public and private stakeholders. In Germany and the European Union, they are established particularly through legal provisions—such as the General Equal Treatment Act (AGG) and European equality directives.
Legal foundations
General Equal Treatment Act (AGG)
Das General Equal Treatment Act (AGG) has regulated protection against discrimination in German civil law, labor law, and other civil law relationships since August 18, 2006. According to Section 13 AGG, the ‘Federal Anti-Discrimination Office’ is established as an independent government-mandated point of contact. It is entrusted, among others, with the following tasks:
- Receiving and processing inquiries and complaints concerning discrimination
- Information and counseling for citizens
- Public relations, prevention, and awareness-raising
- Cooperation with other agencies and institutions
The AGG implements European equality directives, particularly Directive 2000/43/EC (equal treatment irrespective of racial or ethnic origin), 2000/78/EC (framework directive on employment and occupation), 2004/113/EC (equal treatment of men and women in access to goods and services), and 2006/54/EC (equal treatment of men and women in working life).
European legal requirements
Under the framework of the European Union, Member States are obliged to establish so-called equality bodies. These requirements arise especially from:
- Art. 13 EC Treaty (now Art. 19 TFEU) for combating discrimination
- Articles 21 and 23 of the Charter of Fundamental Rights of the European Union
- The aforementioned EU directives, which set minimum standards regarding independence, powers, and tasks of such bodies.
Further national and international legal bases
In addition to the AGG, there are also specific anti-discrimination offices at the state level and numerous other legal bases, such as the Federal Act on Equal Opportunities for Persons with Disabilities (BGG) at the federal level. International obligations undertaken by Germany, such as those from the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD), further influence and strengthen the legal standing and work of such offices.
Structures and Jurisdiction of Anti-Discrimination Offices
Federal Anti-Discrimination Office
Die Federal Anti-Discrimination Office (ADS) is affiliated with the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth, but acts independently in its work. Its core tasks according to the AGG include:
- Independent counseling in cases of discrimination based on AGG characteristics (race, ethnic origin, gender, religion or belief, disability, age, or sexual identity)
- Information and educational offerings
- Support for out-of-court dispute resolution
- Recommendations for overcoming structural discrimination
State Anti-Discrimination Offices
Several German states have established their own anti-discrimination agencies. These state anti-discrimination offices operate at state level and offer advice on disadvantage as defined by AGG standards, and sometimes according to broader state provisions (e.g., regarding intersectionality or further grounds of discrimination).
Company-based and municipal anti-discrimination offices
In larger companies and public institutions, there frequently exist specialized contact persons—often as company equality or anti-discrimination officers—whose activities are aimed at implementing anti-discrimination standards within the company, in accordance with the AGG and, where applicable, relevant collective agreements.
Civil society contact points
In addition to state agencies, numerous independent organizations, counseling centers, and associations also participate in combating discrimination. These can provide advice on legal or social matters but are not legally recognized as formal anti-discrimination offices as defined by law.
Tasks, Powers, and Legal Consequences
Consultation and support function
A central task of anti-discrimination offices is the individual support of affected persons. This includes:
- Confidential counseling and information about legal claims
- Support in asserting claims under the AGG
- Mediation in conflicts as well as moderation and mediation
The advice is non-binding and does not constitute legal representation, but it does provide concrete assistance in assessing discrimination situations and in preparing legal proceedings.
Monitoring and surveillance function
Anti-discrimination offices systematically assess incidents of discrimination and data, and submit reports on these to government, parliament, and the public. In doing so, they contribute to the analysis and combating of structural disadvantages.
Public relations and prevention
The office promotes public relations, information campaigns, training programs, and scientific studies on the topic of discrimination and equal treatment to increase public awareness of anti-discrimination.
Cooperation with other agencies
Within the scope of their authority, anti-discrimination offices cooperate with other government agencies, judicial authorities, employer and employee representatives, as well as international bodies. The aim is to achieve the most comprehensive and uniform application of anti-discrimination standards possible.
Legal Framework: Complaints, Proceedings, and Effect
Procedure of a complaints process
Individuals who experience discrimination can contact an anti-discrimination office directly. The procedure generally follows these steps:
- Description of the facts and clarification of jurisdiction
- Examination of whether discrimination has taken place within the meaning of the AGG
- Advice on possible out-of-court steps
- If desired, seeking an arbitration or mediation procedure
- Support in making use of legal possibilities, for example when taking a case to court
It is important to note: The anti-discrimination office is not a court and does not make binding decisions or impose sanctions.
Legal consequences of a successful complaint
Legal consequences may particularly include:
- Initiation of out-of-court settlements, such as compensation payments or organizational measures
- Recommendations to employers and institutions to improve equality standards and prevent further disadvantages
- Initiation of court proceedings by the affected persons themselves, if desired, possibly accompanied by the anti-discrimination office
Significance and Effect within the Legal Protection System
Anti-discrimination offices play a key role in the German and European legal protection system for safeguarding against discrimination. Through their low-threshold and independent activities, they enable those affected to effectively exercise their rights and contribute significantly to the development and implementation of legal principles for equal treatment. Their reports and recommendations are regularly incorporated into the ongoing development of anti-discrimination law and equality policy.
Conclusion
The anti-discrimination office is a legally established institution with far-reaching tasks in the field of protection against discrimination and equal treatment. It acts as a central advisory and contact point, carries out preventive work, and contributes to monitoring and improving the legal and social framework conditions for protection against disadvantage. The legal foundations range from national constitutional and labor law through the General Equal Treatment Act to European legal requirements, making anti-discrimination offices an essential tool for protecting equality and equal opportunities within society.
Frequently Asked Questions
How does the anti-discrimination office support those affected in asserting their rights?
The Federal Anti-Discrimination Office (ADS) offers individuals affected by discrimination comprehensive initial legal advice and support. This especially includes providing information on what rights are granted to those affected under the General Equal Treatment Act (AGG), how they can assert claims against employers, landlords, or service providers, and which course of action appears appropriate both out-of-court and in court. Although the ADS does not itself assess prospects of success in court and cannot provide binding legal advice, it does mediate between parties as part of a voluntary conciliation offer. Lawyers are not replaced, but targeted advice on deadlines, evidence requirements (e.g., to demonstrate discrimination under Section 22 AGG), and the competent offices (e.g., anti-discrimination offices of the federal states, equality officers, ombuds offices) may offer concrete, legally relevant support. Another important aspect is confidentiality: Counseling is non-public and follows data protection rules, free from official instructions.
In which cases is the anti-discrimination office responsible, and what are the legal foundations?
The anti-discrimination office is fundamentally responsible for discrimination based on the characteristics anchored in the AGG—race or ethnic origin, gender, religion or belief, disability, age, or sexual identity. The main legal foundations are the AGG and, in addition, European directives (for instance, Directive 2000/43/EC and 2000/78/EC). The responsibility covers so-called ‘mass transactions under civil law’, i.e., labor law, private tenancy and contract law, as well as goods and services of everyday life but not public law. Other or supplementary offices (e.g., equality officers or complaint offices under state law) are partially responsible for complaints against public authorities or in the public sector, so the ADS can only act in an advisory, not directly mediating, capacity in such cases, as per Section 27 AGG.
Can the anti-discrimination office make binding decisions or impose sanctions?
No, the anti-discrimination office cannot issue binding administrative acts, impose fines, or enforce mandatory sanctions. It is an advisory body and has no governmental decision-making authority in terms of administrative or judicial orders. Its tasks are limited under Section 27 AGG to counseling, support, mediation, and public relations. Upon request of the affected person, it can recommend an amicable settlement but cannot issue judgments or binding instructions. Should legal proceedings be pursued, only the courts are responsible for binding clarification and any legal consequences (damages, injunctions, compensation, etc.).
What is the procedure for advice or conciliation at the anti-discrimination office?
The process usually begins with written or telephone contact from the affected person. After checking whether the description fits the legal requirements for jurisdiction, a personal or written consultation is offered. In the context of conciliation, the other party may be contacted if the affected person consents and an out-of-court settlement is desired. Participation in the conciliation procedure is voluntary and confidential, and there are generally no costs or legal disadvantages. If no amicable solution is reached, those affected are free to pursue legal action—the ADS can then continue to provide support and information, but cannot assume legal representation.
What deadlines must be observed in connection with counseling by the anti-discrimination office?
A key point is the time limit stipulated in the AGG for asserting claims: Discrimination cases must be reported in writing to the employer or contractual partner within two months of learning of the disadvantage (Section 15 (4) AGG); in employment law, the filing period may be extended by a further three months in case of denial of compensation (Section 61b ArbGG). Counseling or conciliation by the ADS does not normally suspend these deadlines. Therefore, it is advisable to initiate formal steps to preserve deadlines (e.g., informal notice of claim, contacting a lawyer) in parallel to consultation with the ADS to avoid legal disadvantages.
What is the significance of the burden of proof in discrimination cases under the AGG?
A special burden-of-proof rule applies in discrimination law according to Section 22 AGG: The individual concerned must present so-called indications that suggest discrimination due to a protected characteristic. If such indications are convincingly presented (e.g., witness statements, derogatory remarks, unequal treatment in objectively comparable situations), the ‘burden of proof shifts’, and then the employer or service provider must prove that there was no breach of the prohibition of discrimination. The ADS assists those affected in gathering, classifying and purposefully using this evidence, but also points out the limits of the burden-of-proof rule and the importance of substantiated depictions of the facts in any potential legal proceedings.
Can associations or third parties also approach the anti-discrimination office?
According to Section 25 AGG, associations whose statutory purpose is to represent the interests of specific groups may also approach the anti-discrimination office, especially in matters of test cases, structural discrimination, or fundamental legal questions. Third parties may also, within the scope of counseling, request anonymized information or seek information on preventive measures. However, individual case support is always given only with the consent of the affected person; the ADS is obligated to maintain confidentiality and does not pass on information about individual cases without this consent.
