The law has been heavily criticized as an «anti-police law.» Opponents say this will negatively affect the police`s ability to do their job. Police officers, in particular, fear unwarranted allegations of discrimination when investigating drug offences and gang violence. This fear stems from the fact that applicants only have to prove facts which give rise to a presumption of discrimination, and that it is for the authority to prove the contrary. Critics see this as a reversal of the burden of proof. Several Länder and the Federal Minister of the Interior fear disadvantages for their police officers, in particular an additional administrative burden, and have therefore announced that they will no longer send police to Berlin to support the local police. Berlin went on to stress that the new anti-discrimination law only applied to the Berlin authorities and not to foreign police officers. In addition, the employer must establish a complaints office for victims of discrimination to follow up on their complaints. The employer must also train its employees appropriately so as not to discriminate against other employees. Isabel agrees with Armaghan and says: «Discrimination is institutionalised here, it starts with the creation of anti-discrimination policies and employee training are measures that can be implemented relatively quickly and without much effort. As a result, internal policies regarding discrimination and regular employee training are now the norm. An independent ombudsman will be established within the Anti-Discrimination Office of the Senate Administration of the City of Berlin. The Ombudsman should cooperate with the competent authorities and support victims of discrimination by providing them with information and advice. In addition, it should promote amicable settlement of disputes.

The Ombudsman may consult experts, request reports, forward complaints and make recommendations. The Berlin authorities must cooperate with the Ombudsman, in particular by providing the requested information or explanations, and generally grant access to the file. All information provided to the Ombudsman must be treated confidentially. (§ 15.) Important: If you wish to take legal action against the discriminating person or organization, you must do so within 2 months of the incident. Germany, with nearly nine percent of the population, the largest number of ethnic minorities in Europe, has lagged far behind its European counterparts in introducing laws designed to protect them from everyday racial discrimination. An employee who is discriminated against has the possibility to lodge his complaint with the company`s complaints body if the discrimination concerns the employment relationship. In addition, the employee has the right to directly pursue all legal remedies (damages, compensation, etc.) available to him or her following a complaint of discrimination. Although the new law does not criminalize discrimination, it does allow victims to bring a civil action against the public institution – if a police officer discriminates against a member of the public, that person has the right to sue the Berlin state government in a civil court and seek financial compensation. You can also be discriminated against by the police. The unfavourable treatment that can be exposed to people of colour in Germany is what is called racial profiling. Racial profiling occurs when a person is stopped, questioned, searched or even arrested by police simply because their skin colour or physical characteristics make them suspicious to the police.

Discriminatory insults, abuse or attacks may also occur. Victims of unlawful discrimination and violence by the police may report the officer(s) concerned. Those affected can turn to the «Campaign for Victims of Racist Police Violence» (KOP) for advice and support. See the «Where can I find help and support?» section for contact information. Berlin is the first German federal state to adopt a state-level anti-discrimination law, the Berlin State Anti-Discrimination Act (LADG). It states: «No one shall be discriminated against in public law proceedings on the basis of sex, ethnic origin, racist and anti-Semitic attribution, religion and belief, disability, chronic diseases, age, language, sexual and gender identity and social status.» As the legal situation is very confusing and complex, we recommend that you contact a counselling centre as soon as possible in case of discrimination. Any discrimination must be denounced or denounced, it is the only way to change things. Don`t be afraid! Counselling centres will only report your case with your consent. The law provides comprehensive protection against discrimination (direct or indirect) based on racial or ethnic origin, sex, religion or belief, disability, age or sexual orientation. There shall be no discrimination with regard to the conditions of access to employment, self-employment and occupation, including selection criteria and conditions of recruitment, irrespective of the sector of activity and at all hierarchical levels, including promotion. In addition, all conditions of employment and work, including remuneration, must be free from discrimination.