Every employee has the right to complain if they feel disadvantaged, harassed, sexually harassed or instructed to do so. The right to complain is a matter of subjective perception, not whether discrimination actually exists. As long as it is related to the employment relationship, it does not matter who has performed the discriminatory action (employer, colleagues or third parties).

It is important to describe exactly what has been perceived to be discriminatory and to indicate when, where and what happened as well as who was involved. Make sure that only facts are given rather than making assumptions. It is recommended to use sample letters of complaint, which can be obtained either from the employer's competent body or on the Internet from the Federal Anti-Discrimination Agency: Link

The complaint is lodged with the "competent body", which must be designated by each employer, irrespective of the number of employees. In the case of small entities, however, it is not necessary to create a separate body for this purpose. Rather, the owner or management itself is then considered the "competent body" within the meaning of the GETA. If the employer commits a violation, the works council - if it exists - can serve as a contact point, but it is not generally responsible for enforcing the rights of discriminated employees.

The "competent body" examines the substance of the complaint to determine whether the facts described in the complaint constitute discriminatory behavior. The complainant must be informed of the outcome of the examination. If the result confirms the complainant's account, the employer is required to take appropriate measures to eliminate the act of discrimination (§ 12 GETA).

If the discriminatory behavior emanates from an employee, the employer has several options to sanction them. Depending on the severity and duration of the violation

• First, a request to cease the action at hand and a demand to desist in the context of a reprimand or similar warning;
• next, a written warning informing the perpetrator about the risk of dismissal if the infringement is repeated;
• also, transfers and notifications of change are possible;
• as a last resort, the employment may be terminated, in serious cases also by means of an extraordinary termination without notice.

It is to be noted that the employer is not bound by the outcome of the examination of the complaint. In the case that the examination reveals an infraction, however the employer remains inactive, the employee concerned can take legal action against them. The result of the examination of the complaint usually indicates the accuracy of the employee's statements. See also right to refuse performance (below).

Employees who are affected by harassment or sexual harassment at work may refuse to perform if the employer refrains from taking measures to stop the violation or takes obviously unsuitable measures. However, the employer must be informed about the harassment or sexual harassment in order to be able to take protective action. Should the employee however wrongly refuse his work, the right to remuneration is lost. Furthermore, under certain circumstances, the employer may issue a warning notice or even dismiss the employee for refusal to work.

Violations of the GETA can also give rise to claims for damages and compensation. Such claims must be asserted in writing to the employers within two months of becoming aware of the discrimination. Compensations claims under § 15 GETA must be filed at the labor court within three months of the written assertion of the claim (§ 61b Arbeitsgerichtsgesetz). Damages must be paid for a pecuniary disadvantage actually suffered, i.e. if an employee is not considered for promotion in violation of the ban on discrimination and therefore suffers a loss of salary. Compensation is to be paid for non-material damage, for example if an applicant is not considered in violation of the ban on discrimination. If the employer pays damages or compensation for discrimination, recourse may be taken, where appropriate, against the person who committed the infringement.