AGG and International Workforce: Ethnic Diversity Without Discrimination

1. Language Requirements Without Discrimination

"Excellent German skills" is acceptable when objectively required. "Native German" or "accent-free" are indications of ethnic discrimination under the General Equal Treatment Act (AGG).

2. Identification Procedures

During identity checks (e.g., interviews) minimize personal data collected. Photo requirements are critical and should be avoided unless objectively necessary.

3. Visa Requirements

Verifying the residence permit is mandatory. "German passport required" is not. EU citizens vs. third-country nationals can be differentiated only where genuinely necessary.

4. Diversity Management

Sign the Diversity Charter. Track diversity KPIs (% women, % migration background, % disabled). Train HR on bias and structured selection.

5. Religion in Multinational Teams

Reasonable accommodation is required: prayer room, religious holidays, dietary considerations in canteens. A blanket headscarf ban without a written neutrality policy is prohibited.

6. CJEU C-188/15 Achbita: Neutral Dress Code

A consistent neutrality policy is permitted. Inconsistency equals discrimination. Document the policy, the rationale, and the enforcement record.

Summary

Ethnic discrimination claims rarely fail on the merits — they fail on the documentation. Capturing language-test rationales, neutrality policies, and accommodation records turns a potential Section 22 AGG indication into a defensible decision.

View Anti-Discrimination Kit →