German Government Moves to Extend Time Limits for Discrimination Claims

Germany reforms the General Equal Treatment Act (AGG) to extend filing deadlines, launch a free conciliation service, and limit church employer exemptions, aligning with EU directives.

Germany's cabinet has approved a major overhaul of the General Equal Treatment Act (AGG), the nation's primary anti-discrimination law, in a bid to strengthen protections for victims and comply with European Union directives. The reform package, passed in early May, introduces longer filing deadlines, a new free conciliation service, and tighter rules for church employers.

Under current law, individuals who experience discrimination — at work, in housing, or when dealing with public authorities — have just two months to take legal action, including filing a formal complaint with their employer or lodging a claim with the relevant agency. That window will double to four months under the reform.

A spokesperson for the responsible ministry said the change gives victims "the necessary time to assert their rights" — a response to criticism that the existing period was too short for people to gather evidence, seek legal advice, and decide whether to pursue a case.

New conciliation body and courtroom support

The reform also creates a dedicated conciliation body within the Federal Anti-Discrimination Agency (ADS). It will operate free of charge and guarantee confidentiality, with the explicit goal of keeping disputes out of court. If a case does proceed to litigation, the ADS will now be allowed to accompany victims as a support person in court — a significant empowerment of individuals who often find themselves pitted against large organisations with deep legal resources.

Shifts in church labor law and pregnancy protections

The draft law clarifies several legal points that have long caused confusion. Discrimination based on pregnancy will now always count as direct discrimination, closing a loophole that some employers had used. The definition of sexual harassment is also updated across all areas covered by the act.

More controversially, the reform addresses church labor law. Germany’s churches operate their own employment rules, which have sometimes allowed them to require membership as a condition of hiring for roles not directly tied to religious duties. The government is now implementing rulings from the European Court of Justice and Germany’s Federal Constitutional Court: from now on, religious affiliation may only be a hiring criterion when it is strictly necessary for the specific position. In another change, the protected characteristic "age" is reworded to "stage of life" (Lebensalter), though officials say this is a precision adjustment rather than a substantive shift.

EU-imposed deadline creates urgency

The reform is partly driven by Brussels. Several EU directives — covering standards for equality bodies and protection against gender discrimination — must be transposed into German law by June 19, 2026. Missing that date could trigger infringement proceedings, something the government is determined to avoid after already failing to meet the deadline for the EU Pay Transparency Directive. The Family Ministry now expects to implement that directive only in early 2027.

Unresolved issues linger

Despite the broad overhaul, the draft does not address the phenomenon known as "AGG-Hoppers" — applicants who apply for jobs purely to collect compensation payouts when they receive a rejection, alleging discrimination. Employer associations and some state governments warn that the reform adds to a pile of parallel legislative projects already straining companies and administrative bodies. They also caution that the new conciliation service could be overwhelmed.

Parliamentary debate is expected to begin shortly, with the coalition aiming for a swift passage.