- Factsheet on the research project -
Employers are obliged to take preventive measures. If they fail to comply with this duty, staff are entitled to claim damages and compensation. In case of gross violations, the works council can have these rights enforced before the court.
Measures in response to discrimination
If staff violate the General Equal Treatment Act, employers must look at the circumstances of each case and take appropriate, necessary and commensurate measures to put a stop to the discrimination. These measures can be a warning letter, transfer to another department or city or dismissal. Employers are also obliged to protect their staff from discrimination at the hands of third parties.
Deficits regarding organisational duties
Organisational duties are couched in so generic terms as to leave many questions unanswered. Moreover, it is not effective to primarily expect those affected to claim damages and compensation for violations of the organisational duties. After all, it is an extremely rare employee who takes legal action against their employer.