What to do in case of discrimination at the workplace?
February 16, 2024 | 30,00 EUR | answered by Sofia Vöss
Dear lawyer,
I am reaching out to you because I urgently need help to address a situation at work that is causing me a lot of distress. My name is Oliver Seiler and I have been working in the accounting department of a medium-sized company for three years. However, in the past few months, I have repeatedly felt discriminated against due to my sexual orientation.
It started with my colleagues making jokes about homosexuals, which I perceived as homophobic towards me. Since then, I am often ignored or laughed at by my colleagues when I talk about my personal life. Furthermore, I have noticed that I am frequently overlooked for promotions or training opportunities, even though I possess the necessary qualifications.
This form of discrimination is weighing heavily on me and is not only affecting my work performance, but also my mental health. I feel uncomfortable and marginalized in my work environment, despite having worked loyally and diligently for the company for years. I fear that the situation could worsen and I am wondering what legal steps I can take against this discrimination.
Can you please help me and provide me with possible solutions to address this discrimination in the workplace? What rights do I have as an employee in this situation and how can I legally defend myself against discrimination? I thank you in advance for your assistance.
Sincerely,
Oliver Seiler
Dear Mr. Seiler,
Thank you for your trust and for reaching out to me with your concerns. I am sorry to hear that you are being discriminated against in the workplace due to your sexual orientation. Discrimination in any form is unacceptable and can significantly impact both your professional and personal situation. As a labor law attorney, I am here to help you explore possible solutions.
First and foremost, I want to emphasize that as an employee in Germany, you are protected against discrimination under the General Equal Treatment Act (AGG). The AGG prohibits discrimination based on characteristics such as gender, race, religion, disability, or sexual orientation. If you feel that you are being disadvantaged because of your sexual orientation, you have the right to take action against it.
In your case, it may be helpful to first have a conversation with your supervisor or the HR department and explain your situation. Employers are often unaware that discrimination is taking place in the workplace and may take steps to improve the situation. If this does not lead to the desired outcome, you may consider taking legal action.
You have the right to seek advice from the Federal Anti-Discrimination Agency or a labor law attorney to be informed and potentially file a lawsuit. In a labor law proceeding, you can claim damages and potentially receive compensation for the discrimination suffered. It is important that you document all incidents and evidence to support your claims.
I understand that the situation in the workplace is stressful for you and is affecting your mental health. I recommend seeking professional help to cope with the emotional consequences of discrimination. It is important that you protect yourself and uphold your rights as an employee.
I hope that my insights are helpful to you and support you in your situation. If you have further questions or need legal assistance, please feel free to reach out to me.
Best regards,
Sofia Vöss
Labor Law Attorney
