LGBT in Germany - Discrimination Protections

Discrimination Protections

In the field of employment, discrimination on the basis of sexual orientation or gender identity is illegal throughout Germany.

Some states have anti-discrimination laws, including the constitutions of Berlin (since 1995), Brandenburg (since 1992) and Thuringia (since 1993), and Saxony-Anhalt in the public sector since 1997. Germany is the first country in the world to include "gender identity" nationally in anti-discrimination laws.

As a signatory to the Treaty of Amsterdam, Germany was required to amend its national anti-discrimination laws to include, among others, sexual orientation. It failed to do so for six years, due to discussions about the scope of the proposed laws. Some of the proposals were debated because they actually surpassed the requirements of the Treaty of Amsterdam; the final version of the law, however, has been criticized as not fully complying with some parts of the Treaty, especially with respect to the specifications about the termination of work contracts through labor courts. The Federal Diet, or Bundestag, finally passed the Equal Treatment Act on 29 June 2006. The Bundesrat (Eng.: Federal Council) voted on it without discussion on 7 July 2006. Having come into force on 18 August 2006, the law bans discrimination in employment and certain services.