Equal Treatment Commission

What is the Equal Treatment Commission and how does it operate?

Overview of the Procedure

  • Proceedings before the Equal Treatment Commission are free of charge and confidential. In a written decision, the Commission determines whether your case qualifies as discrimination under the Equal Treatment Act.
  • If the Commission finds that the Principle of Equal Treatment Act has been violated, it will issue a report with recommendations for the other party. However, the Commission cannot legally forced the other party to provide compensation — only a court can issue such an order. That being said, the Commission’s procedure can help resolve disputes without going to court.
  • If no agreement is reached and your application was submitted on time, you still have the option to bring the case before a court after the procedure before the Commission. The Commission’s findings can support your case in court.

1. Filing of an application

You can submit the application yourself, or it can be submitted on your behalf by the Ombud for Equal Treatment, a works council, an advocacy group, or your legal representative. Submitting an application ensures that your claims under the Equal Treatment Act will not expire due to time limits.

2. Confirmation of Receipt of the Application

You will receive confirmation that the Equal Treatment Commission has received your application. If needed, you may be asked to provide additional information or make corrections. If you submitted the application on your own, we’ll be happy to assist you at this stage.

3. Naming Witnesses

You will be asked to name any individuals who can provide information (i.e. witnesses to the discrimination).

4. In Cases of (Sexual) Harassment: Joint or Separate Interviews

The other party (the company, organization, or individual your application is directed against) will be asked by the Commission to provide a written statement. You’ll receive a copy of their response by post or email. You are not required to reply.

5. Response from the Other Party

Ihr:e Antragsgegner:in (= Unternehmen, Organisation oder Person, gegen die sich Ihr Antrag richtet) erhält von der Gleichbehandlungskommission die Aufforderung, schriftlich Stellung zu nehmen. Sie erhalten diese Stellungnahme per Post oder per E-Mail. Eine Antwort darauf ist nicht notwendig.

6. Attempt at Settlement (May End the Procedure)

The Commission will invite you to a settlement meeting, where you may be able to reach an agreement with the other party—such as a compensation payment. If an agreement is reached, the case is closed. For cases handled by Senate III or involving (sexual) harassment, no settlement attempt is made.

7. Decision on Admission of Witnesses

If no agreement is reached, the Commission decides which witnesses will be invited to testify. You will not be present for this decision.

8. Waiting Period and Invitation to the Hearing

Due to the large number of cases, there will be a waiting period before your case is heard. You will then receive an invitation to a hearing. Please confirm your attendance or let the Commission know as soon as possible if you are unable to attend.

9. Oral Hearing

You will be interviewed by the Commission. The opposing party and any witnesses will also be interviewed.

10. Decision and Notification

The Commission will discuss your case and vote on a decision. Neither you nor the other party will be present during this discussion. The Commission will determine whether discrimination has occurred under the law. You may inquire about the outcome shortly after the vote, and you will receive a brief update. The full written decision will be sent to you by post or email a few weeks later.

Achtung

  • Once you receive the full written decision, your claim will again be subject to the statute of limitations.
  • Please notify the Equal Treatment Commission if your phone number, address, or email address changes. It's important that you remain reachable.
  • For any questions regarding the procedure, you can contact the administration of the Equal Treatment Commission. We are also available to assist you.