Work out what can actually be demanded
The Act gives money, not a job. Damages and compensation for non-financial harm yes; a right to be hired or promoted no.
✓ Verified: 11/08/2026
WHAT TO DO
› Details and tips
Frame the claim in two limbs from the outset — loss and compensation. Asserting only one is not freely extended later: the second can fail on the same two-month deadline.
Headline figures about three months salary in compensation refer to individual cases. The provision states only a cap for one situation, not the size of your compensation.
Useful Tools
- Antidiskriminierungsstelle des Bundes legal-info
Federal anti-discrimination agency: free advice on the AGG and a map of local counselling centres.
FREQUENTLY ASKED QUESTIONS
What can be demanded for a breach? ▾
The employer must compensate the loss caused where they are responsible for the breach of duty. In addition, for harm that is not financial loss, the employee may demand appropriate compensation in money.
Where does the three months salary figure come from? ▾
It is the cap for one specific situation: where someone is not hired, compensation may not exceed three months salary if that person would not have been hired even in a selection free of disadvantage. As a general tariff the number does not work.
Can I force the employer to hire me? ▾
No. The Act says expressly that a breach of the prohibition creates no right to the conclusion of an employment or training relationship, nor to promotion, unless such a right follows from another legal basis.
What applies in a civil law transaction? ▾
You can demand removal of the impairment and, where further impairment is to be feared, an injunction. Alongside that, damages and, for non-financial harm, appropriate compensation in money.
Does a waiver in the contract work? ▾
No. The disadvantaging party cannot rely on an agreement departing from the prohibition, and contractual provisions that breach it are ineffective.