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Germany

Section 7. Worker Rights

d. Discrimination with Respect to Employment and Occupation

The law prohibits discrimination in all areas of occupation and employment, from recruitment, self-employment, and promotion to career advancement. Although origin and citizenship are not explicitly listed as grounds of discrimination in the law, victims of such discrimination have other means to assert legal claims. The law obliges employers to protect employees from discrimination at work.

The government effectively enforced these laws and regulations during the year. Employees who believe they are victims of discrimination have a right to file an official complaint and to have the complaint heard. If an employer fails to protect the employee effectively, employees may remove themselves from places and situations of discrimination without losing employment or pay. In cases of violations of the law, victims of discrimination are entitled to injunctions, removal, and material or nonmaterial damages set by court decision. Penalties were sufficient to deter violations.

FADA highlighted that applicants of foreign descent and with foreign names faced discrimination even when they had similar or better qualifications than others. FADA stated the majority of complaints concerned the private sector, where barriers for persons with disabilities also persisted.

The law provides for equal pay for equal work. In March the Federal Statistical Office found the gross hourly wages of women in 2017 were on average 21 percent lower than those of men. It blamed pay differences in the sectors and occupations in which women and men were employed, as well as unequal requirements for leadership experience and other qualifications as the principal reasons for the pay gap. Women were underrepresented in highly paid managerial positions and overrepresented in some lower-wage occupations (see section 7.d.). FADA reported women were also at a disadvantage regarding promotions, often due to career interruptions for child rearing.

In December 2018, two teachers filed an action with the Essen administrative court to achieve equal pay for all teachers with civil service status. Under current law, elementary school teachers earn 500 euros ($550) gross less each month than secondary school teachers, even though the educational requirements for the positions have been identical since 2009. The case was pending as of November.

The law imposes a gender quota of 30 percent for supervisory boards of certain publicly traded corporations. It also requires approximately 3,500 companies to set and publish self-determined targets for increasing the share of women in leading positions (executive boards and management) and to report on their performance. Consequently, the share of women on the supervisory boards of those companies bound by the law increased from approximately 20 percent in 2015 to more than 30 percent in 2018. The representation of women on management boards in the top 200 companies stood at 9 percent.

There were reports of employment discrimination against persons with disabilities. The unemployment rate among persons with disabilities decreased to 11.4 percent in 2017, remaining considerably higher than that of the general population (on average 5.7 percent for 2017). Employers with 20 or more employees must hire persons with more significant disabilities to fill at least 5 percent of all positions; companies with 20 to 40 employees must fill one position with a person with disabilities, and companies with 40 to 60 employees must fill two positions. Each year companies file a mandatory form with the employment office verifying whether they meet the quota for employing persons with disabilities. Companies that fail to meet these quotas pay a monthly fine for each required position not filled by a person with disabilities. In 2017 more than 123,000 employers did not employ enough persons with disabilities and paid fines.

The law provides for equal treatment of foreign workers, although foreign workers faced some wage discrimination. For example, employers, particularly in the construction sector, sometimes paid lower wages to seasonal workers from Eastern Europe.

Ghana

Section 7. Worker Rights

d. Discrimination with Respect to Employment and Occupation

The government did not effectively enforce prohibitions on discrimination. The law stipulates that an employer cannot discriminate against a person on the basis of several categories, including gender, race, ethnic origin, religion, social or economic status, or disability, whether that person is already employed or seeking employment. Discrimination in employment and occupation occurred with respect to women, persons with disabilities, HIV-positive persons, and LGBTI persons (see section 6). For example, reports indicated few companies were willing to offer reasonable accommodation to employees with disabilities. Many companies ignored or turned down such individuals who applied for jobs. Women in urban centers and those with skills and training encountered little overt bias, but resistance persisted to women entering nontraditional fields and accessing education.

Greece

Section 7. Worker Rights

d. Discrimination with Respect to Employment and Occupation

The law prohibits discrimination with respect to employment and occupation based on race, religion, national origin, skin color, sex (including pregnancy), ethnicity, disability, age, sexual orientation, gender identity, HIV/AIDS status, or refugee or stateless status.

The government did not always effectively enforce these laws and regulations. Penalties provided by law were not sufficient to deter violators. Discrimination with respect to employment and occupation based on race, sex (including pregnancy), disability, HIV status, social status, age, sexual orientation, and gender identity occurred.

In its 2018 report on equal treatment, the ombudsman reiterated previous findings about pregnancy and maternity being treated by the employers as problems, at times resulting in dismissals from work. The ombudsman reported cases of interventions with employers in the state and private sectors in support of employees who faced discrimination on grounds of disability, age, sex, and social status. The ombudsman also interfered with businesses announcing job openings but setting age limits and gender preconditions which could not be explained by the type of the required services.

Grenada

Section 7. Worker Rights

d. Discrimination with Respect to Employment and Occupation

The law prohibits discrimination in respect to employment or occupation based on race, color, national extraction, social origin, religion, political opinion, sex, age, or disability. The law does not prohibit discrimination in respect to employment or occupation based on language, HIV-positive status or other communicable diseases, sexual orientation, or gender identity. There is no penalty for violating the law, but authorities stated the country adheres to International Labor Organization guidelines and standards. In general the government effectively enforced the law and regulations.

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U.S. Department of State

The Lessons of 1989: Freedom and Our Future