In 2006, the General Equal Treatment Act (AGG) was passed by the Bundestag with the aim: ‘to prevent or eliminate discrimination on the grounds of race, ethnicity, gender, religion, age or sexual identity’ (§ 1 AGG). Even if the law does not explicitly names the ground of gender identity, wherefore trans* people are mostly discriminated, trans* people are seen as protected by the term ‘Geschlecht’ (gender).

The AGG regulates the relationship between private individuals, but not the relationship between citizens and the state. Its scope of application is the area of employment and the access to goods and services, available to the public (e.g. housing). § 3 AGG defines the types of discrimination. These are direct discrimination, indirect discrimination, harassment or sexual harassment (defined as a violation of one’s dignity) and instructions to one of the mentioned discriminations. Although the AGG exists since 2006, there are only a few judgments relating to trans* people. However, central judgments will be summarised in this dossier.