Beyond the scope of the General Equal Treatment Act it would be important to include a comprehensive protection from discrimination in other laws.
For many people with a migratory background rejections at clubs still remain a reality. BUG legally supported several lawsuits of racially-motivated rejections at clubs.
In order to tackle this practice in a sustainable way, BUG contacted relevant political actors in Lower Saxony. BUG further suggested a corresponding amendment to the Licensing Act so that protection from discrimination is not only guaranteed in civil law but also in administrative law. As a result of that, people affected by discrimination would not necessarily have to file a lawsuit themselves but instead, racially-motivated rejections at clubs could now be sanctioned by regulatory agencies.
Consequently, BUG’s proposals were picked up from the political side. Bremen and Lower Saxony are for the moment the only federal states that proceeded to amend their Licensing Acts. In discrimination cases, the regulatory agencies can now impose a fine. In the case of multiple violations the club or the restaurant operators may even be deprived of their business licenses.
BUG has published a policy brief in response to a draft bill for a regional anti-discrimination law in Berlin. Furthermore, BUG has issued a joint statement with other NGOs from Berlin, such as the anti-discrimination network of the Turkish Association Berlin-Brandenburg. The state anti-discrimination law was passed on June 4, 2020.
In addition, the use of ombudsperson's offices as an intervention instrument in anti-discrimination work at the Länder level is being discussed, for example in this expertise on behalf of the Berlin State Office for Equal Treatment - Against Discrimination.