Protecting caregivers
from discrimination - Caregiver discrimination

2022

- Fact sheet on the legal opinion -

Limitations in the scope of the General Equal Treatment Act (AGG) confining the discrimination grounds referred to in section 1 of the AGG, result in gaps in protection of caregivers. Specifically, the Act only covers caregiver discrimination in form of indirect discrimination on grounds of gender. While Art. 11 of Directive 2019/1158 could be understood – from its wording – as a mere prohibition of victimisation as provided for in section 612a BGB (Civil Code), its reading need not perforce be that narrow. By contrast, updating protection of caregivers from discrimination in line with the provisions of the AGG can effect a decisive improvement, especially thanks to the immanent obligations to take account of the rights, legal interests and other interests of the other party.

Broadening the AGG to include caregiver discrimination would also widen the competences of the Federal Anti-Discrimination Agency in this respect. This would not only enhance the protection of those affected in the individual instances, but also give hope for the gradual elimination of existing disparities in the world of work, promoted by public relations and information efforts.