The wording “suitable and appropriate measures” stresses the necessity of proportionality. In order to be proportionate, the measure must be suitable, necessary, and appropriate. 

Suitability
The probability that the aim will be achieved by the measure taken must be objective. This means that the measures must not be obviously unsuitable. In its judgment of the case Lommers,the European Court of Justice draws attention to the fact that the measures may lack suitability if they would only strengthen the traditional role of women and men. This is, for example, the case where the childcare centre with limited capacities, provided by a ministry, is only, and without exceptions, available for female officials. By doing so, the lacking equal opportunity for men and women in employment is barely being ameliorated, but rather strengthened. 

Also unsuitable, are measures with the stated purpose of protecting a specific group, but that in fact disadvantage this specific group instead of integrating its members into the labour market. An example would be the ban on night work for women, which was in force until 28.01.1992. 

Necessity
As measures to achieve equality can interfere in the rights of third parties, the measure taken must be the least severe one that is also suitable to achieve the aim. This means that, in order to solve or limit a discrimination issue, softer methods must be tried in the first place.

Appropriateness
A balance must be struck between the extent to which beneficiaries are disadvantaged and the adverse effects on non-beneficiaries. The Positive Action must not, under any circumstances, have a disproportionate burden on the latter.

In the case of the so-called hard measures, the degree of preference is decisive for an assessment of appropriateness. When, for example, two groups are in a competitive relation with each other regarding the selection for certain positions, the European Court of Justice distinguishes, for the permissibility of measures, between those that provide direct access to the labour market and those concerning vocational training positions. For the latter, the limitations, in light of appropriateness, may be wider since these positions establish conditions for disadvantage-free access to the labour market only at a later time. 

Generally, the measure lacks appropriateness if a certain group is absolutely and automatically preferred through this measure. This is called “positive discrimination”.