Skip to main content
Article
Damages in German Labor Law - Amending the AGG
Journal of Interdisciplinary Economics (2011)
  • Hartmut H Frenzel
  • Magdalena Thöni
Abstract

The European legislator has enacted European anti-discrimination laws (Race Equality Directive - 2000/43/EC, Employment Equality Directive - 2000/78/EC, Directives on equal treatment for men and women - 2002/73/EC) with the task to all member states to convert them into national laws. The German legislator has decided to enact in the General Act on Equal Treatment (Allgemeines Gleichbehandlungsgesetz – abbreviated AGG) by means of civil law with damage-compensation and compensation for non-economic-loss.

The focus of the work at hand is an examination, if the existing form of the AGG is efficient under the view of law and economics.

In the first step of this examination, we will look to the legal prospect of damage-compensation and compensation for non-economic-loss as well as to the will of the legislator and to the legal application.

In a second step, we will take a view to the other side of the cathedral – the law and economics prospect. We will examine the civil law sanctions just like efficient alternatives for amending the AGG.

Keywords
  • Europe,
  • Law and Economics,
  • Anti-discrimination,
  • Damage-compensation,
  • Compensation for Non-economic-loss,
  • Civil Law,
  • labor Law,
  • Tort Law,
  • Criminal Law
Disciplines
Publication Date
July, 2011
Citation Information
Hartmut H Frenzel and Magdalena Thöni. "Damages in German Labor Law - Amending the AGG" Journal of Interdisciplinary Economics Vol. 23 Iss. 3&4 (2011)
Available at: http://works.bepress.com/hartmut_h_frenzel/7/