The Berlin State Anti-Discrimination Act was passed in June 2020 in Berlin. The Federal State of Berlin is the first state which enacted a law against official discrimination. The LADG provides an association action in § 9 LADG.

Subject & Aim of the lawsuit:

With the introduction of the collective action, the LADG establishes collective legal protection to counteract the enforcement deficiencies of anti-discrimination law. Institutional and structural discrimination is to be counteracted so that associations must prove in their lawsuits that a violation has occurred not only in an individual case. Associations can only submit a declaratory action to objectively determine an infringement against the ban on discrimination and the ban on disciplinary treatment. The association action does not target claims for damages but is supposed to prevent structurally effective and discriminatory conduct.

Preconditions of the proceeding:

An authorized association is only allowed to file a declaratory relief if an importance beyond individual consternation exists. Before filing a suit, the association must raise a complaint regarding the violation committed by an authority. This complaint is supposed to give authorities the opportunity to provide a remedy. A suit is invalid if an authority provides a remedy. This also applies if the authority provides a remedy after a complaint has been filed. If the public authority does not comply with the obligation to remedy the situation within three months of the complaint, an action by an association is admissible.

Entitled associations:

According to § 10 LADG, an anti-discrimination association can be acknowledged as an entitled association in terms of association actions. According to paragraph one, anti-discrimination associations are unions of people who do not perceive the interests of disadvantaged people within the meaning of § 2 LADG commercially or temporarily. A recognition of this kind of associations depends on different preconditions. Therefore, an anti-discrimination association has to have its location in Berlin and its field of activity has to include the state of Berlin. At the moment of application, the association has to exist for at least five years and needs to guarantee a proper task fulfilment. It also needs to be free of corporate tax, which means that the circle of associations that are able to be entitled is limited to professional associations without public nature and charitable associations. Professional associations without public nature can belong to associations of employers, for example unions. Trade associations as well as construction unions can also be included in the term of professional associations. Those are not anti-discrimination associations. The association is authorized if all preconditions are given.