Since last year, the Equal Rights Act (German: Allgemeines Gleichbehandlungsgesetz, AGG) has come into force in Germany. As it seems, hardly anyone is really satisfied with the AGG. From the employers’ point of view, it goes too far, whereas the persons concerned consider it to be too weak. In addition, there is still uncertainty about whether the law also applies to workshops for adapted work, as they usually include specialised staff as well as employees with disabilities. To the extent that workshops acts as employers, the law certainly has an impact on them and on other integration projects.

According to clause 3 of section 36 of Book Nine of the German Social Code, the participants in the admission procedures and in the vocational training section enjoy the same rights as the employees in the working section.

For disabled persons in the working section, the AGG directly applies in the context of their special legal status similar to that of an employee. This property is not called into question by their status of recipient of social benefits either, not even under application of European directives. Due to the workshops’ main task, which consists in the transition to the general labour market, they come under the scope of the European directive on the concept of disability. It applies to „all persons regarding the access to all types and levels of vocational guidance and vocational training, education or retraining, including practical work experience“ (Article 3, section 1 lit. B Directive 2000/78/EC). At least the term „practical work experience“ includes the workshops. The general limitation of benefits to participation in working life, including performances in workshops, to persons under the statutory retirement age is therefore no longer permitted.