The General Equal Treatment Act (AGG) 2006 protects job applicants and employees in both public and private sectors from discrimination on grounds such as disability, age, gender, race, religion and sexual identity. It applies to all employers, regardless of headcount (AGG Sec. 1–2). The AGG incorporates the UN Convention on the Rights of Persons with Disabilities definition of “disability,” supplemented by the criteria in Social Code Book IX (SGB IX). Discrimination covers both direct unequal treatment and indirect practices that place certain groups at a disadvantage.
Under AGG and SGB IX, employers must address disadvantages faced by employees with disabilities unless doing so would impose a disproportionate burden (AGG Sec. 5; SGB IX Sec. 164). In practice this means exploring all viable options and weighing costs against financial and operational capacity.
Common workplace adjustments include:
An employee should submit a request—ideally in writing—outlining functional limitations and proposed measures. A medical certificate indicating degree of disability helps clarify needs. Although there is no prescribed form, clarity speeds review.
Once a request arrives, employers generally have four weeks to:
The Federal Anti-Discrimination Agency (ADS) offers confidential advice and mediation. If mediation fails or no remedy is reached, individuals may file a claim at the local labour court. Under AGG Sec. 15, a suit must be brought within two months of a refusal or missed deadline.
Labour courts can order:
Managing workplace adjustments requests under the General Equal Treatment Act (AGG) 2006 can be complex—multiple forms, strict timelines, and cross-team coordination all add burden.
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Keep a simple intake form for all requests, even if informal. This builds consistency and helps track follow-up actions over time.
Train HR staff and line managers on non-discriminatory communication. A single awkward response can derail good faith discussions.
Involve employee representatives or works councils early. Their input often uncovers low-cost solutions you may not have considered.
Maintain a digital log of every step—from receipt of the request to the final decision. This record can be invaluable if the case ends up in court.