A legal opinion from Germany's Federal Anti-Discrimination Agency reveals that the country lags far behind other European nations in protecting against sexual harassment. Protections are largely limited to the workplace, unlike broader regulations elsewhere. The federal commissioner calls for reforms to the equality law.
Berlin. Most European countries protect people better against sexual harassment than Germany, according to a legal opinion from the Federal Anti-Discrimination Agency, obtained by the RedaktionsNetzwerk Deutschland (RND). "In all countries surveyed, sexual harassment is explicitly prohibited in both general civil law and labor law," it states. All countries ban sexual harassment at least in the provision of goods and services. Many extend protections to healthcare, housing rentals, and cultural offerings. No other country limits safeguards to the workplace like Germany. Public sectors, such as education, also have regulations in many nations. "Germany is the last in the European comparison."
For victims, this means: In cases of harassment by colleagues, they may claim damages or compensation, and employers must intervene. The situation differs if landlords verbally harass or driving instructors show pornographic images—legal options are scarce. Independent Federal Anti-Discrimination Commissioner Ferda Ataman told RND: "Sexual harassment is discrimination that we must better protect people from, especially women often—it shows clearly in the opinion. For victims, this is an intolerable state." She added: "The federal government has announced a reform of the General Equal Treatment Act. It must include better protection against sexual harassment—also in the housing market, gyms, or driving schools."
A spokesperson for the Federal Ministry of Justice told RND that harassing behavior exploiting power relations can already be punishable. Still, there is "partial legislative need for action." The coalition agreement of CDU, CSU, and SPD agreed to improve discrimination protection. "The federal government is examining how best to implement these requirements."
