Germany has regulated anti-discrimination law in the General Act on Equal Treatment (AGG). The Act is intended to implement the EU Directives 2000/43/EC, 2000/78/EC, 2004/113/EC and 2006/54/EC. The European Court of Justice (ECJ) judgment in Coleman v Attridge Law and Steve Law (2008) defines the scope of Council Directive 2000/78/EC (Employment Equality Directive) of the 27th of November 2000 "to establish a general framework for equal treatment in employment and occupation. According to the ECJ, the Directive does not limit the prohibition of direct discrimination to persons with disabilities, but also applies to persons who, for example, have to take care of a child with disabilities. According to the Advocate General of the ECJ, associated discrimination is not only prohibited with regard to disability, but also on the grounds of age, religion and sexual orientation. More on the further interpretation of the EU Directives here. |
Since these directives must also be implemented into national law in Germany, this ruling stipulates that the AGG also applies in the case of associated discrimination. Section 3 AGG is to be interpreted accordingly. However, the wording of the AGG does not cover this. Adding associated discrimination into the writing would contribute to more legal certainty.