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A Sexual Harassment Policy outlines how German companies protect employees from unwanted sexual advances, comments, or conduct in the workplace. It defines prohibited behaviors under the General Equal Treatment Act (AGG) and sets clear procedures for reporting incidents and protecting victims from retaliation.

The policy explains how employers handle complaints, investigate cases, and maintain confidentiality. It also describes specific consequences for violations, from written warnings to termination, following German labor law standards. Good policies include training requirements and contact information for internal support persons, works councils, and local anti-discrimination offices.

A Sexual Harassment Policy becomes essential when setting up a new German business or updating workplace guidelines to meet AGG requirements. Companies need this policy before onboarding their first employees to establish clear behavioral standards and reporting procedures from day one.

Use it immediately after any workplace incident to guide proper handling and documentation. The policy proves particularly valuable during leadership changes, company mergers, or when expanding operations across Germany, as it helps maintain consistent standards and protects both employees and the organization from legal risks. Regular policy reviews align with annual workplace safety assessments.

• Basic Policy: Covers essential AGG requirements, reporting procedures, and disciplinary measures - suitable for small German businesses.
• Comprehensive Corporate Policy: Includes detailed investigation protocols, multiple reporting channels, and extensive training requirements - ideal for large organizations.
• Industry-Specific Policy: Adapts protections for unique workplace environments like healthcare, hospitality, or construction sectors.
• Works Council-Aligned Policy: Incorporates specific provisions negotiated with employee representatives and betriebsrat input.
• International Corporate Policy: Combines German AGG compliance with global standards for multinational companies operating across borders.

• HR Directors: Draft and maintain Sexual Harassment Policies, coordinate training, and oversee implementation across the organization.
• Works Councils: Review and co-determine policy content, ensuring it aligns with employee interests and German labor laws.
• Legal Departments: Ensure compliance with AGG requirements and update policies to reflect changing regulations.
• Department Managers: Implement policies, report violations, and maintain harassment-free work environments.
• All Employees: Must understand, follow, and help enforce the policy, including reporting procedures and prohibited behaviors.
• Anti-discrimination Officers: Handle complaints, conduct investigations, and maintain confidentiality protocols.

• Legal Framework: Review current AGG requirements and gather any existing company policies or works agreements.
• Company Structure: Map reporting lines, identify contact persons for complaints, and outline investigation procedures.
• Works Council Input: Schedule consultations with employee representatives to ensure co-determination rights are respected.
• Training Plan: Design awareness programs and documentation requirements for all staff levels.
• Reporting Mechanisms: Set up confidential channels and clear procedures for handling complaints.
• Implementation Strategy: Create a rollout timeline, including translation needs and department-specific adaptations.

• Policy Purpose: Clear statement aligning with AGG objectives and zero-tolerance stance on harassment.
• Prohibited Conduct: Specific examples of unacceptable behaviors under German law.
• Reporting Procedures: Detailed steps for filing complaints and protection against retaliation.
• Investigation Process: Timeline, confidentiality measures, and documentation requirements.
• Disciplinary Actions: Range of consequences aligned with German labor law.
• Contact Information: Named anti-discrimination officers and external resources.
• Training Requirements: Mandatory awareness sessions and documentation protocols.
• Data Protection: GDPR-compliant handling of sensitive information.

A Sexual Harassment Policy often gets confused with an Equal Opportunities Policy, but they serve distinct purposes in German workplace law. While both support AGG compliance, their scope and implementation differ significantly.

• Focus and Scope: Sexual Harassment Policies specifically address unwanted sexual conduct and create reporting mechanisms, while Equal Opportunities Policies cover broader discrimination issues including age, religion, and disability.
• Implementation Requirements: Sexual Harassment Policies need specific contact persons and investigation procedures, whereas Equal Opportunities Policies focus on fair treatment in hiring, promotion, and workplace practices.
• Training Elements: Sexual Harassment Policies require detailed conduct guidelines and scenario-based training, while Equal Opportunities Policies emphasize diversity awareness and inclusive practices.
• Legal Response Mechanisms: Sexual Harassment Policies must outline immediate intervention procedures, while Equal Opportunities Policies typically focus on long-term systemic changes and preventive measures.