Anti-Discrimination & Pay Transparency Kit (AGG)

AGG applies to every company with employees — even from 1 staff member. § 12 AGG requires protective measures against discrimination; training is the recognised means for the liability privilege.

EU Pay Transparency (Directive 2023/970) with transposition deadline 07.06.2026:

• ≥ 250 employees — annual pay-gap reporting from 07.06.2027
• 150-249 employees — reporting every 3 years from 07.06.2027
• 100-149 employees — reporting every 3 years from 07.06.2031

Joint Pay Assessment is triggered at unexplained pay-gap ≥ 5%. Pre-employment transparency (no asking about previous salary, salary range in job ads) applies to ALL companies regardless of size.

Basis (EUR 990 net) — You have internal compliance staff (DPO/CISO/HR lead) who can adapt and implement all documents themselves. No employee e-learning required.

Plus (EUR 1,290 net) — most popular — You want to train employees interactively (e.g. to fulfil the AI literacy obligation under Art. 4 EU AI Act or the Section 12 AGG protective measures for the liability privilege). Includes a ready-made e-learning module with quiz and attendance certificate.

Komplett (EUR 1,490 net) — You want to run the trainings internally and repeatedly (e.g. for new hires) without booking an external trainer every time. Additionally includes the Trainer Pack: PowerPoint slides with notes, trainer handbook and quiz pool.

62 editable templates covering the full AGG / Anti-Discrimination scope: complaints office setup (§ 13 AGG), instruction-to-act (§ 12 AGG organisational duty), training material (§ 12 (2) AGG), § 22 AGG burden-of-proof workflow, AI recruiting safeguards (algorithmic transparency, anonymised CVs), EU Pay Transparency Directive 2026 implementation (reporting matrix, Joint Pay Assessment template), SGB IX disability quota check.

Yes. After purchase you receive a download link containing all personalised professional templates. The files belong to you completely — you can store, integrate, edit and archive them. No cloud dependency, no per-device license activation, no internet connection required for use.

You receive all updates of the kit as long as the kit is maintained in its current major version. Updates arrive when authorities publish new guidance, new case law (BAG, LAG) is published, or known follow-up phases of a regulation kick in (e.g., EU Pay Transparency 07.06.2026). If a substantially new regulation supersedes the existing one, a new major version emerges — existing customers receive a 50% discount. Details in Terms § 7.

If a template content is provably legally incorrect (proven by a lawyer's letter or authority statement), we refund the purchase price. Deadline: 60 days from delivery. Details in Terms § 8.

All employers in Germany — regardless of size. § 12 protective duties apply from 1 employee, complaints office mandatory from § 13 (no specific employee threshold).

Implementation deadline 7 June 2026. Reporting thresholds: 100+ employees every 3 years, 150+ every 2 years, 250+ annually. Joint Pay Assessment mandatory for unexplained gaps >5%.

Algorithmic discrimination in recruiting falls under the § 22 AGG burden-of-proof reversal: statistically significant disparities in algorithmic selection outputs are sufficient indicia, and the employer then bears the full burden of proving non-discrimination. Damages under § 15 AGG are typically 1-3 gross monthly salaries per claimant. AI recruiting systems are also high-risk under Annex III EU AI Act — double regulatory exposure.

5% from 20+ employees. Compensation levy EUR 140-720/month per unfilled position. Mandatory invitation of disabled applicants (§ 165 SGB IX) — non-invitation is strong indication for § 22 AGG burden reversal.

Yes. § 13 AGG does not include an employee threshold. Even micro-businesses with 1 employee must set up a complaint office. The managing director may serve in this role, but should designate an alternative contact for complaints directed against management itself.

AGG does not specify a frequency. Practice standard (Federal Anti-Discrimination Agency, literature): every 2-3 years plus immediately for new hires. Upon onboarding: mandatory training within the first 4 weeks. Importantly, training only fulfils the liability privilege under § 12 (2) sentence 2 AGG if delivered "in a suitable manner" — documentation and knowledge quizzes are practice standard.

The Federal Labour Court (BAG 8 AZR 13/24, 2024) clarified the prerequisites for abusive AGG claims: high litigation frequency, no genuine application intent, visible construction of indicia. Defence strategy: documented selection decisions with objective criteria, professional application documentation. AGG-hopper defence packs are included in the AGG Kit.

No, highly risky. § 11 AGG requires non-discriminatory language. "Young" and "dynamic" have been classified by BAG case law as indicia of age discrimination (BAG 8 AZR 285/14). Risk: § 22 AGG burden-of-proof reversal is triggered by such an indicium; the employer must prove the opposite. Exposure: up to 3 gross monthly salaries per applicant.

Yes, since BAG 8 AZR 501/14 — gender-related non-discrimination is satisfied. HOWEVER: this does not cover all other protected characteristics under § 1 AGG — e.g., "native speaker" discriminates by origin. Fully non-discriminatory wording requires more than the gender suffix.

Rejected applicants: 6 months (limitation period under § 15 (4) AGG). Hired employees: full employment duration plus 10 years (tax-law retention). GDPR conflict: after 6 months, deletion obligation for rejected applicants applies (Art. 17 GDPR).

AGG compensation is typically 1-3 gross monthly salaries per claimant under § 15 (2) AGG; in non-hiring cases capped at 3 gross monthly salaries (§ 15 (2) sentence 2). § 15 (1) AGG (material damages) has no ceiling. The amount depends on the individual case.

EU Pay Transparency Directive 2023/970 Art. 5: mandatory from 07.06.2026. Applies to ALL employers, including those with fewer than 100 employees. Content: starting salary or range either in the ad OR before the first interview. Practical recommendation: include it in the ad — audit-proof.

From 07.06.2026, yes — under Art. 7 (5) Directive 2023/970. Applicants may NOT be required to disclose their previous pay. This rule applies directly EU-wide, even without German transposition. Adapting application workflows is mandatory.

Where the pay gap for an employee group (same or equivalent work) exceeds 5%, is not justified by objective criteria, and has not been remedied within 6 months: a joint assessment with employee representatives is mandatory under Art. 10 Directive 2023/970. Outcome: an action plan, published internally.

Art. 18 Directive 2023/970 is stricter. § 22 AGG: applicant presents indicia, employer rebuts. Art. 18 Directive: additionally obliges the employer to disclose internal data on indication. In practice: employer-side documentation of pay criteria becomes mandatory.

Under Art. 3 Directive 2023/970, a broad concept: base salary, allowances, bonuses, benefits in kind, stock options, occupational pension, all performance-related remuneration. The pay-gap analysis must capture all components — not just base salary.

In 2023 the Federal Labour Court ruled: the comparison under § 22 AGG is the gender-specific median pay — not the arithmetic mean. The EU Pay Transparency Directive adopts this methodology (Art. 9). Existing § 21 EntgTranspG reporting based on arithmetic averaging becomes obsolete.