AGG Complaints Office: 6-Step Workflow
TL;DR
- Section 13 General Equal Treatment Act (AGG) requires every employer to operate an internal complaints office for discrimination grievances
- 6-step workflow: intake → triage → hearings → evaluation → measures → lessons learned
- Process targets: acknowledgement within 2 working days, investigation plan within 14 days, outcome within 6–8 weeks
- Confidentiality: required, but less strict than identity protection under the Whistleblower Protection Act (HinSchG)
- Retaliation protection for complainants is established by Federal Labor Court (BAG) case law
1. Intake and Acknowledgement (Day 0–2)
Confirm receipt within 2 working days. Perform initial classification against the protected characteristics in Section 1 AGG. Confirm confidentiality in writing.
2. Triage and Investigation Plan (Week 1)
Run a plausibility check. Secure evidence (emails, chat logs, witness lists). Define the hearing plan: who, when, with whom.
3. Hearings (Weeks 2–4)
Interview the complainant, the accused if applicable, and witnesses. Record minutes under the four-eyes principle (two interviewers).
4. Evaluation (Weeks 5–6)
Assess the evidence. Apply Section 22 AGG: are the indications strong enough to shift the burden of proof? What is the employer's evidentiary position? Engage external counsel for complex cases.
5. Measures and Communication (Weeks 7–8)
Recommend measures to HR and management. Possible measures: training, transfer, disciplinary action, termination. Inform complainant and accused about the outcome.
6. Lessons Learned (Week 8+)
Produce anonymized lessons-learned documentation. Update training material. Feed the case statistic into the annual AGG report.
Summary
A documented, time-boxed complaints workflow is the most effective single control under the AGG. Failure to investigate within reasonable time is itself treated by the Federal Labor Court (BAG) as an inadequate protective measure under Section 12 AGG and can trigger damages independent of the underlying discrimination claim.
View Anti-Discrimination Kit →
Frequently Asked Questions
Who can serve as the complaints office under Section 13 AGG (German General Equal Treatment Act)?
Three options with different effects: 1) HR management — most common, but problematic when the complaint is directed against HR or supervisors. 2) Compliance officer / Data Protection Officer (DPO) — neutral, but often lacks AGG expertise. 3) External body (law firm, specialized consultancy) — highest confidentiality, ~EUR 3,000-8,000/year flat fee. Recommendation for SMEs with 50-250 employees: HR + Compliance jointly with an escalation workflow to an external body in case of conflicts. For highly sensitive cases (accusations against the board): external is mandatory. Documentation: appointment certificate + posting in the break room/intranet.
What deadline does the complaints office have for processing?
The AGG is silent on deadlines, but the practical standard according to Federal Labor Court (BAG) case law is: 1) Acknowledgement of receipt within 2 working days. 2) Initial statement + investigation plan within 14 days. 3) Result + recommended measures within 6-8 weeks. For structural issues: up to 12 weeks. Longer processing without justification: the BAG considers this an inadequate protective measure under Section 12 — damages possible. Practical tip: anchor escalation stages with deadlines in the complaints office procedural rules, with a monthly status report to the managing director.
Is the complaints office confidential like the reporting office under the German Whistleblower Protection Act (HinSchG)?
No, NOT to the same extent. Section 13 AGG requires confidentiality, but NOT the strict identity protection obligation from Section 8 HinSchG. Practical difference: HinSchG whistleblowers: identity is disclosed only to explicitly authorized investigators with consent. AGG complainants: the identity is typically communicated to HR + supervisors for the investigation. If anonymity is desired: offer a combined reporting office (HinSchG + AGG) — the whistleblower chooses the procedure. Important: the complaints office is, however, PROTECTED against retaliation (analogous to Section 36 HinSchG, confirmed by Federal Labor Court (BAG) case law).
What happens if the complaint appears unfounded?
Process and document it anyway — no premature rejection. Workflow: 1) Investigation results in writing. 2) Justification for non-action to the complainant (verbally + in writing). 3) Right to reopen the case based on new findings. 4) Option to escalate to the Federal Anti-Discrimination Agency (https://www.antidiskriminierungsstelle.de). Important: do not confuse 'unfounded complaint' with 'abusive' — even if no discrimination occurred, the complainant has AGG protection against retaliation. Pure harassment complaints (with proof): damages possible analogously to Section 38 HinSchG, very rare.
Sources
- General Equal Treatment Act (AGG) — Section 12, 13, 22 (As of: 2026-05-02)
- Whistleblower Protection Act (HinSchG) — boundary to AGG complaints office (As of: 2026-05-02)
- BAG 8 AZR 488/19 — pay discrimination indicia (Section 22 AGG) (As of: 2026-05-02)