Employer is liable for compensation when hostile! Is violating the dignity of a worker contrary to the prohibition of discrimination in the General equal treatment Act (AGG), so this throws an employer’s compensation obligation, if this a featured by intimidating, hostile, degrading, humiliating or offensive environment. ARAG experts describe the case: four Turkish-born men were employed in the camp of the employer. There had a swastika and the slogans on the men’s room-unknown: ‘Fucking foreigner, you sons of bitches, foreigners out, your wogs, foreigners have become nationals’ attached. The employer denies the claim of the plaintiff, an employee have already pointed out the Branch Manager in September 2006 on this graffiti, what this have caused nothing and expressed only in “that people just think”. At least in the context of a dismissal dispute he learned Employers in March 2007 by the scrawled, then were eliminated in early April 2007.
By letter of April 11, 2007, the plaintiffs have demanded compensation after the AGG by their employer and sued him in June 2007 on payment of 10,000 euros to each of the plaintiffs. The lawsuit, however, remained without success. The Federal Labor Court has though considered the daubing to undue harassment of plaintiff, but due to the contentious details of the time of the information of the branch manager about these labels and their reactions to no can decision about, whether through the daubing a so-called hostile environment was created for the plaintiff. Ultimately failed the complaints, that the plaintiff not had asserted in writing their claims for compensation within the statutory 2-month exclusion period. This period began at the latest from the date of the branch leader of the xenophobic slogans on the staff toilets information alleged by the plaintiffs to run in September 2006 and had expired on April 11, 2007 in any case with the assertion (BAG, AZ.: 8 AZR 705/08).