Harassment (Section 3(3) AGG)

Conduct that violates a person's dignity

What is harassment (Section 3(3) AGG)?

Examples:

• Jokes about religion, disability or sexual orientation
• Bullying on grounds of age or sex
• Suggestive remarks
• Repeated derogatory remarks about characteristics under § 1

Sexual harassment is a special case (§ 3(4) AGG) — with additional obligations for the complaints office.

The legal position in Germany and Austria

Harassment and sexual harassment are separate forms of discrimination in both countries. The relevant provisions and the competent bodies differ, however — §§ 3, 12 and 13 referred to on this page come from the German AGG.

Germany (AGG)

The German General Equal Treatment Act (AGG) defines harassment (§ 3(3) AGG) and sexual harassment (§ 3(4) AGG) as forms of less favourable treatment. The employer must take the necessary protective measures, including preventive ones (§ 12 AGG); employees may lodge a complaint with the competent in-house complaints office (§ 13 AGG). Independent support is provided by the Federal Anti-Discrimination Agency (Antidiskriminierungsstelle des Bundes).

Austria (GlBG)

Under the Austrian Equal Treatment Act (GlBG), harassment and sexual harassment are likewise distinct forms of discrimination. Sexual harassment is governed by § 6 GlBG; harassment is set out as a separate ground both in Part I (working life) and in Part II (§ 19). An instruction to discriminate also counts as discrimination. In cases of harassment, compensation of at least EUR 400 is payable, and at least EUR 720 in cases of sexual harassment (§ 12(11) GlBG). Those affected receive advice and support from the Ombud for Equal Treatment (GAW); in addition, there is the Equal Treatment Commission (Gleichbehandlungskommission).

Practical example

A manager regularly makes jokes about a Muslim employee's headscarf. This is harassment — the complaints office under § 13 AGG becomes involved.

See also

• Section 12 AGG
• Direct Discrimination
• Complaints office