Systematic harassment, exclusion, molestation or discrimination on grounds of age, sex or origin often place a heavy burden on those affected over a long period – both on their health and their careers. Employment law offers protection: employers must intervene, and those affected can demand that the conduct cease and claim damages and compensation. The key is good documentation and compliance with short deadlines.
Key points at a glance
- „Bullying“ (Mobbing) is not a statutory term; claims arise from the employer’s duty of care, from tort and contract law and from the AGG (General Equal Treatment Act).
- Claims under the AGG must be asserted in writing within two months (§ 15 Abs. 4 AGG).
- If there is evidence suggesting discrimination, the employer must prove that there was no discrimination (§ 22 AGG).
- You have a right to complain to the competent body within the company; any disadvantage because of a complaint is prohibited.
- A bullying diary recording dates, the persons involved and witnesses is the most important piece of evidence.
What is bullying in the legal sense?
The courts understand bullying to mean the systematic hostility, harassment or discrimination of employees by one another or by superiors. What matters is an overall assessment: individual conflicts, harsh criticism or unfortunate personnel decisions do not in themselves constitute bullying. Claims only arise when, taken together, the conduct is aimed at violating the dignity of the person concerned and creating a hostile environment.
Typical forms include persistent refusal to communicate, withdrawal of tasks, assignment of pointless or demeaning work, public humiliation, spreading rumours or constant unjustified formal warnings.
Discrimination and harassment under the AGG
The General Equal Treatment Act (Allgemeines Gleichbehandlungsgesetz) prohibits discrimination on grounds of race or ethnic origin, sex, religion or belief, disability, age or sexual identity (§ 1 AGG). It already provides protection during the application process, and in relation to promotions, pay, instructions and dismissals.
Harassment and sexual harassment are expressly deemed to be discrimination (§ 3 Abs. 3 und 4 AGG). If the employer takes no measures or measures that are obviously unsuitable, those affected may stop working without loss of pay, insofar as this is necessary for their protection (§ 14 AGG).
Your claims
- Complaint to the company’s complaints office (§ 13 AGG) or to the works council (Betriebsrat) (§§ 84, 85 BetrVG).
- Protective measures and injunctive relief: the employer must take appropriate measures – from a formal warning and transfer through to dismissal of the persons responsible (§ 12 AGG).
- Damages for financial loss, such as loss of earnings or medical treatment costs.
- Compensation or damages for pain and suffering for non-financial loss (§ 15 Abs. 2 AGG, § 253 BGB). In the case of a discriminatory refusal to hire, compensation is limited to three months‘ salary if the applicant would not have been hired even without the discrimination.
Deadlines: AGG claims must be asserted in writing within two months of becoming aware of the discrimination; an action for compensation must be filed within three months of the written assertion (§ 61b ArbGG). Contractual cut-off periods may also play a role.
Securing evidence
Bullying cases usually fail not because of the legal position but because of a lack of proof. We recommend:
- an ongoing diary recording the date, time, place, persons involved, exact wording and witnesses
- saving e-mails, chat messages and documents – while observing data protection and confidentiality obligations
- medical documentation of any effects on your health
- involving the works council, the representative body for severely disabled employees or the equal opportunities officer at an early stage
Anyone who reports wrongdoing within the company may also be protected by the Whistleblower Protection Act (Hinweisgeberschutzgesetz). Under that Act, any disadvantage suffered after a report is presumed to be retaliation, in favour of the whistleblower.
For employers: prevention and investigation
Employers are obliged to protect employees from discrimination and to take preventive action – for example through training and a functioning complaints office. We support companies with internal investigations, with hearing the parties involved, with employment law measures against perpetrators and with defending against unjustified claims.
Practical examples
The following cases are simplified, typical scenarios from employment law practice. They are for illustration only; every individual case must be assessed separately.
Systematic withdrawal of tasks
Situation: After a conflict with the new divisional manager, a team leader is gradually stripped of all her management duties. She is no longer invited to meetings and is eventually told to do filing.
Legal assessment and course of action: Employment that does not correspond to the contract violates her right to be employed. Relying on her diary and e-mails, we demanded employment in line with her contract and that the conduct cease. The company placed her in an equivalent position in another division.
Sexual harassment by a customer
Situation: A field sales representative is repeatedly subjected to suggestive remarks by an important customer. Her superior advises her „not to take it so seriously“.
Legal assessment and course of action: The employer must also protect employees from harassment by third parties. Following a written complaint, responsibility for the customer was transferred to another team; compensation was agreed because of the superior’s failure to act.
Age-discriminatory job advertisement
Situation: An experienced 58-year-old applicant is rejected. The job advertisement was looking for a „young, dynamic team member“.
Legal assessment and course of action: The wording is an indication of age discrimination. As the employer could not prove otherwise, the applicant received compensation. We advise employers to word advertisements consistently in a neutral manner with regard to protected characteristics.
Internal investigation in a company
Situation: Through its whistleblowing system, a company receives several complaints about a head of department for making demeaning remarks.
Legal assessment and course of action: We conducted interviews, documented the findings and prepared the employment law measures. The outcome was a formal warning, combined with mandatory coaching and an organisational separation of the parties involved.
Frequently asked questions
Can I resign because of bullying and still receive unemployment benefit?
Resigning because of bullying can be an important reason that rules out a suspension period for unemployment benefit (Sperrzeit). The prerequisite is that you can prove the incidents and have previously tried to have the situation remedied. Seek advice beforehand.
Can a bullying diary be used in court?
Yes, as the basis for your submissions. It does not replace witnesses, but it makes your account specific and credible.
Is the employer liable for colleagues who bully?
Yes, if it knew or should have known about the incidents and did not intervene. In addition, the persons responsible are personally liable.
May I secretly record conversations?
No. Secret audio recordings are a criminal offence (§ 201 StGB) and can justify dismissal without notice.
Would you like us to review your case? Send us your documents – we usually respond within 24 hours and will tell you the expected costs in advance.
Note: This information provides a general overview of the legal situation (as of November 2026) and does not replace legal advice on your individual case.
This page is a translation of the German original. It is for general information only and does not replace legal advice on your individual case. German version