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Damages in German Labor Law – Amending the AGG

Author

Listed:
  • Hartmut H. Frenzel

    (PhD Student at LIMIT – University for Health Sciences, Medical Informatics and Technology, Hall in Tyrol, Austria
    Corresponding author: Hartmut H. Frenzel Orffweg 32, 42289 Wuppertal, Germany Telefon +49–0202–2541472 E-Mail hartmut.frenzel@umit.at)

  • Magdalena Thöni

    (Assistant Professor at the Department for Human and Economic Sciences, UMIT – University for Health Sciences, Medical Informatics and Technology, Hall in Tyrol, Austria)

Abstract

The European legislature 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 of all member states of converting them into national laws. The German legislature 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 this work at hand is to assess whether the existing form of the AGG is efficient from the perspective of law and economics. Firstly, we will assess the legality of damage-compensation and compensation for non-economic-loss as well as the role of the legislator and legal application. Secondly, we will analyse the perspective of Law and economics in examining civil law sanctions such as efficient alternatives for amending the AGG.

Suggested Citation

  • Hartmut H. Frenzel & Magdalena Thöni, 2011. "Damages in German Labor Law – Amending the AGG," Journal of Interdisciplinary Economics, , vol. 23(3-4), pages 335-348, July.
    • Handle: RePEc:sae:jinter:v:23:y:2011:i:3-4:p:335-348
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