European Employment Law Cases

Case Reports

2018/3 Limitation period for compensation claim on grounds of discrimination (GE)

Keywords Age discrimination
Authors Paul Schreiner en Jana Voigt
Author's information

322888 Paul Schreiner
Paul Schreiner is an attorney at law at Luther Rechtsanwaltsgesellschaft mbH.

322891 Jana Voigt
Jana Voigt is an attorney at law at Luther Rechtsanwaltsgesellschaft mbH.
  • Abstract

      An acquired mother tongue is – at least indirectly – connected to a person’s origin and therefore also linked to ethnic origin. Claims based on the German General Equal Treatment Act (Allgemeines Gleichbehandlungsgesetz, the ‘AGG’) must be brought in writing within two months after knowledge of a possible discrimination. Time only starts to run for claims after the employer has provided an unsuccessful job applicant with a clear and definite statement that he or she has been rejected. The limitation period under the AGG will not be triggered by lapse of time only.

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