Complaints Office (Section 13 AGG)
Mandatory body for discrimination complaints
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
Section 13 of the Anti-Discrimination Act (AGG) requires employers to establish a complaints office where employees can turn if they feel disadvantaged on the basis of the characteristics listed in Section 1 AGG.
What is the Complaints Office (Section 13 AGG)?
Duties of the complaints office:
- Communicate accessibility
- Receive complaints
- Investigate and initiate measures
- Protect complainants (no prohibition of retaliation as under HinSchG, but AGG protection applies)
- Document the process
Practical example
Mid-sized company with 80 employees: complaints office = head of HR. Notice posted in the break room and on the intranet. Median of 2-3 complaints per year.
Frequently asked questions
Who can serve as the complaints office?
Internal to the employer (HR, managing director) or external (attorney). No specific requirements.
Fine for failing to establish such a body?
No direct fine, but damages awarded in discrimination cases are increased.