Discrimination | Survey: One in five experiences discrimination at the office

The Federal Anti-Discrimination Commissioner, Ferda Ataman, complains about inadequate protection against discrimination by government agencies. Anyone who feels unfairly treated, for example, at the Citizens' Registration Office or in contact with the police, has so far had little recourse, she said in Berlin on Tuesday. The General Equal Treatment Act (AGG) currently only regulates situations in the workplace and when using services, but not those that arise in contact with government agencies.

Citizens often experience derogatory treatment by government officials and police officers . This is the result of a representative survey of 2,000 participants commissioned by the Anti-Discrimination Agency (ADS), which Ataman presented on Tuesday. The survey was conducted at the end of 2023, and the results are now available.

Nearly one-fifth of respondents (19 percent) reported experiencing unequal treatment by public authorities. Disproportionately affected were people with a migration background (33 percent), those with disabilities or chronic illnesses (30 percent), and those with a " low socioeconomic status ," i.e., poor people (42 percent). Young people under 36 reported negative experiences almost twice as often as those over 56.

Sixteen percent reported having been treated unfairly by the police. Here, too, people with "family ties to migration" were much more frequently affected (28 percent) than those without such ties (12 percent). Men (20 percent) reported twice as many negative experiences as women (11 percent). Fifty-one percent of all respondents believed that not everyone can rely on the police equally.

"People are better protected from discrimination at the bakery than at the registry office."

Ferda Ataman , Federal Anti-Discrimination Commissioner

Ataman sharply criticized the findings: "The state, in particular, should set an example when it comes to protecting against discrimination." Ninety-five percent of survey participants shared this view. Eighty percent also called for independent complaints bodies to which people can turn if they experience discrimination by public authorities, authorities, and the police.

In the case of negative experiences with representatives of government agencies, the only recourse currently is Article 3 of the Basic Law, which prohibits discrimination based on gender, ancestry, and other characteristics. However, the Basic Law offers "no concrete means of defending oneself against discrimination," Ataman said. "People are better protected against discrimination at the bakery than at the registry office."

According to their information, a quarter of the consultation requests to the ADS concern discrimination by employees of government agencies, i.e., offices and authorities, the police and judiciary, as well as in the education system. Last year, this amounted to more than 2,800 cases out of 11,400.

To improve the protection of citizens, the Anti-Discrimination Commissioner proposes concrete legislative measures, also based on a recent legal opinion prepared on her behalf. She believes that the states should enact their own laws. The Berlin State Anti-Discrimination Act (LADG) could serve as a model for this. It is the first of its kind and includes a prohibition of discrimination in the administration, police, and education sectors. Those affected can turn to an ombudsman.

Ataman advocates for the creation of such independent complaints bodies in all states. In her view, this should be supplemented at the federal level by expanding the AGG to include state action, so that those affected can also defend themselves against discrimination in federal authorities, employment agencies, pension insurance, or the federal police.