AGG Employer Liability
Sections 12 + 15 AGG — duties of protection + compensation
Practitioner's note: This article is practice-oriented compliance documentation, not legal advice. We are a compliance specialist, not a law firm. For legally binding information please consult a licensed lawyer.
TL;DR
Under the Anti-Discrimination Act (AGG), the employer is liable not only for its own conduct, but also for failing to take protective measures (Section 12) and for discrimination by superiors or colleagues (Section 15).
What is AGG employer liability?
Liability framework:
- Section 15(1): pecuniary damages — in full
- Section 15(2): non-material damages — reasonable amount, median EUR 7,500
- Section 12: no direct liability, but an indicator under Section 22
Practical example
A superior harasses a female employee. The employer has not set up a complaints office. Liability: EUR 8,000 in damages + EUR 12,000 in compensation for pain and suffering.
Frequently asked questions
Does D&O insurance cover this?
Often not for AGG damages. Specific EPL (Employment Practices Liability) cover is required.
How to protect oneself?
Complaints office, training, documented measures.