Damages in German Labor Law – Amending the AGG

Hartmut H. Frenzel and Magdalena Thöni

Journal of Interdisciplinary Economics, 2011, vol. 23, issue 3-4, 335-348

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.

Keywords: Europe; Law and Economics; Anti-discrimination; Damage-compensation; Compensation for Non-economic-loss; Civil Law; labor Law; Tort Law; Criminal Law (search for similar items in EconPapers)
Date: 2011
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Persistent link: https://EconPapers.repec.org/RePEc:sae:jinter:v:23:y:2011:i:3-4:p:335-348

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