Section 12 AGG (Protective Duty)

Obligation to run anti-discrimination training — and the liability privilege

26 April 2026 · Category: AGG · Compliance-Kit

TL;DR

§ 12 of the German General Equal Treatment Act (AGG) requires employers to take the measures necessary to protect employees against discrimination. § 12(2) sentence 2 AGG contains the liability privilege: if the employer has trained its employees in a suitable manner on preventing discrimination, this counts as fulfilment of the duties under subsection 1 — effectively a reversal of the burden of proof in the employer's favour.

What is § 12 AGG (training obligation)?

§ 12 AGG has 5 subsections:

Subsection 1: duty to take the necessary protective measures
Subsection 2: training provision framed as a 'should' rule + liability privilege where training has actually been carried out
Subsection 3: sanctions where employees are in breach
Subsection 4: duty in cases of harassment by third parties
Subsection 5: duty to display notices (AGG, complaints procedure)

Practice standard: refresher training every 2-3 years + immediately for new employees + ad hoc following a ruling of the Federal Labour Court (BAG) or new indications of discrimination.

Germany and Austria compared

The training obligation with a liability privilege under § 12(2) sentence 2 AGG is a particularity of German law. Austrian law has no identically worded rule — employer duties there are structured differently.

Germany (AGG)

The employer is obliged to take the measures necessary to protect employees against discrimination, including preventive measures, and to work towards making clear that discrimination is not permitted; suitable training of employees counts as fulfilment of this duty (§ 12(1) to (3) AGG). The competent bodies are the Federal Anti-Discrimination Agency (Antidiskriminierungsstelle des Bundes) and the labour courts.

Austria (GlBG)

The Austrian Equal Treatment Act (GlBG) contains no identical training-based liability privilege. Protection against harassment is provided through separate grounds of discrimination: harassment and sexual harassment (§ 6 GlBG) are standalone forms of discrimination, and instructing someone to discriminate also counts as discrimination. Affected persons and employers alike receive advice and support from the Ombud for Equal Treatment (GAW) and the Equal Treatment Commission (Gleichbehandlungskommission).

Practical example

A practical AGG training course:

40-slide e-learning + 30-question quiz
Content: 8 protected characteristics (§ 1), forms of discrimination (§ 3), right to complain (§ 13), reversal of the burden of proof (§ 22), sanctions (§ 15)
Mandatory for: employees, managers (in greater depth), the complaints body (in even greater depth)
Documentation: attendance record, knowledge quiz result

Frequently asked questions

How often does the training have to be repeated?

The AGG prescribes no frequency. In practice: every 2-3 years + on joining + ad hoc following a BAG ruling. Documentation is what counts.

Is an online course sufficient?

Yes, provided it is documented (attendance + knowledge test). The BAG's line: there is no requirement for classroom training. What matters is 'in a suitable manner' (subsection 2).

Does the complaints-body privilege also apply to AI-based recruiting?

The liability privilege concerns employee training. Where discrimination is AI-based, the reversal of the burden of proof under § 22 AGG applies in addition — the training privilege is NOT sufficient if the algorithm itself discriminates.