The North Rhine‑Westphalia state cabinet has adopted the first anti‑discrimination law for a German mainland state. According to NRW Equality Minister Verena Schäffer (Green Party), the bill will be introduced in the state parliament this week. Until now, a state anti‑discrimination law exists only in Berlin.
Schäffer called it a “milestone for protection against discrimination” when speaking to the Westdeutsche Allgemeine Zeitung on Tuesday. She cited a recently released socio‑economic panel by the Federal Commissioner for Anti‑Discrimination, which found that about 13 % of people in Germany-especially those with a migrant background-have already experienced everyday discrimination.
The minister said the new law will close a gap in the General Equal Treatment Act (AGG). The AGG covers private legal matters such as disputes with an employer, landlord or gym when discrimination is alleged. However, it does not apply when a citizen is discriminated against by a public authority, Schäffer explained.
She emphasized that the law should not put individual teachers or police officers in the spotlight. Instead, complaints will target the institution itself, such as a school or police department.
The German Civil Servants’ Union (DBB) in NRW and opposition members in the state parliament have sharply criticized the legislation. They warn against a general suspicion toward public employees and unnecessary bureaucracy. They also argue that the number of discrimination cases in authorities is so low that the law would be superfluous.
A particular point of contention is the claim that mere indications pointing to discrimination would be enough to force the accused to prove there was no discrimination, effectively reversing the burden of proof. Schäffer rejects this interpretation: “As the AGG provides, the law imposes a lighter burden of proof. Indications must make discrimination seem plausible”. She insists that mere speculation or blanket accusations are definitely insufficient.