Taking measures against age-based prejudice is possible.
If you face age discrimination at work, it's not something you have to put up with. Here's what you can do if you've experienced this type of unfair treatment.
Age-based discrimination is generally forbidden by the General Equal Treatment Act (AGG), but job applicants and workers still frequently encounter ageism in the workplace. What are your options if you've been discriminated against?
If you've faced age discrimination during the hiring process, you can start by contacting the Federal Anti-Discrimination Agency. They can help you determine if you have a valid case.
One common example is a job ad that specifies candidates between the ages of "18 and 35" or looks for "young, dedicated salespeople." These phrases have been considered proof of age discrimination in court. In such cases, you may be entitled to compensation and damages.
What to do when facing age discrimination at work
The AGG requires employers to appoint internal bodies responsible for equal treatment in the workplace. These could be the works council, for instance.
If you work at a smaller company without a works council, your best bet is to approach your manager or someone trusted by the employer. Present the facts and consider taking action, such as issuing a warning, transferring the individual responsible, or even terminating their employment.
Not all employers offer adequate support to victims of discrimination, in which case you might consider refusing to work. However, this should only be done if there's clear evidence of discrimination to avoid getting fired.
When to take legal action
You may also choose to sue your employer. If your case is successful, you'll be entitled to compensation. Seek advice from a union or a lawyer before taking this step.
Note: Not all instances of different treatment are considered illegal discrimination. The Federal Anti-Discrimination Agency explains that age limits can sometimes be justified and therefore not discriminatory. This includes, for example, the 42-year age limit for the police special task force (SEK).
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- In some cases, employers may have legal issues regarding age limits in certain professions, such as the 42-year age limit for the police special task force (SEK), which can be justified under labor law.
- If you're an employer dealing with complex labor law matters, seeking advice from a legal advisor specialized in employment and labor law would be beneficial.
- Apprenticeship programs should adhere to equal treatment principles, ensuring that age is not a factor in the selection process, as per the General Equal Treatment Act (AGG).
- If an employer is found guilty of age discrimination in court, they may be subject to various judgments, including compensation and damages payable to the affected employee.
Source: www.ntv.de
