Harassment (Section 3(3) AGG)
Conduct creating a violation of dignity
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
Harassment is a form of discrimination under the Anti-Discrimination Act (AGG). Required elements: unwanted conduct, a link to a protected characteristic under Section 1 AGG, and an effect that violates the person's dignity.
What is harassment (Section 3(3) AGG)?
Examples:
- Jokes about religion / disability / sexual orientation
- Bullying based on age / gender
- Suggestive remarks
- Repeated derogatory remarks about Section 1 protected characteristics
Sexual harassment is a special case (Section 3(4) AGG) — additional obligations apply for the complaints office.
Practical example
A supervisor regularly makes jokes about a Muslim employee's headscarf. This constitutes harassment — the complaints office under Section 13 AGG is activated.
Frequently asked questions
Is a single incident sufficient?
Yes, if it is serious. For repeated incidents, the threshold is lower.
Employer's obligation?
Section 12 AGG: organizational protection plus a response to any complaint.