Positive Action within the meaning of § 5 AGG can be implemented by all legal persons referred to under § 2 AGG (e.g. employers, contracting parties). § 5 AGG permits Positive Action; however, it has no obligation to do so. This instrument’s implementation is up to the economic sector and the society. The assessment of the measures is up to the German and European courts. 

The phrase “to prevent or compensate for disadvantages" describes the aim of this measure. The wording “suitable and appropriate measures" clarifies the requirements of proportionality. The aim and the proportionality are thereby permissibility requirements that are themselves dependent on other prerequisites.