Deutsch
Deutsch

To strengthen protection against discrimination and to make it easier for those concerned to report discrimination and thus assert their rights, new aspects of protection should be included in the AGG.

In particular, the introduction of the possibility of litigation in one's own name on another's behalf (Prozessstandschaft) and a collective action right, stronger sanctions and preventive equal treatment measures should be taken into account.

The BUG recommends the inclusion of new aspects to the AGG in the following paragraphs (in bold):

 

General Equal Treatment Act (AGG)

PART 1- GENERAL PROVISIONS

§ 1 Purpose

§ 2 Scope

§ 3 Definitions

§ 4 Unequal Treatment on Several Grounds

§ 5 Positive Action

 

PART 2 – PROTECTION OF EMPLOYEES AGAINST DISCRIMINATION

Chapter 1: Prohibition of Discrimination

§ 6 Persons Covered

§ 7 Prohibition of Discrimination

§ 8 Permissible Difference of Treatment on Grounds of Occupational Requirements

§ 9 Permissible Difference of Treatment on Grounds of Religion or Belief

§ 10 Permissible Difference of Treatment on Grounds of Age

Chapter 2: Employer Obligations

§ 11 Advertisement of Vacancies

§ 12 Employer Action and Duties

Chapter 3: Employee Rights

§ 13 Right of Appeal

§ 14 Right to Refuse Performance

§ 15 Compensation and Damages

§ 16 Prohibition of Victimisation

Chapter 4: Supplementary Provisions

§ 17 Social Responsibility of the Involved Parties

§ 18 Membership of Organisations

 

PART 3 - PROTECTION AGAINST DISCRIMINATION UNDER CIVIL LAW

§ 19 Prohibition of Discrimination Under Civil Law

§ 20 Permissible Differences of Treatment

§ 21 Enforcement

 

PART 4 – DEFENCE OF RIGHTS

§ 22 Burden of Proof

§ 23 Support from Anti-Discrimination Organisations

 

PART 5 – SPECIAL REGULATIONS APPLYING TO PUBLIC-LAW EMPLOYMENT RELATIONSHIPS

§ 24 Special Regulation Applying to Public-Law Employment Relationships

 

PART 6 – ANTI-DISCRIMINATION AGENCY

§ 25 Federal Anti-Discrimination Agency

§ 26 Legal Status of the Head of the Federal Anti-Discrimination Agency

§ 27 Tasks

§ 28 Authority

§29 Co-operation with Non-Governmental Organisations and Other Institutions

§ 30 Advisory Council

 

PART 7 – CONCLUDING PROVISIONS

§ 31 Prohibition of Changing Any Provisions

§ 32 Final Provision

§ 33 Transitional Provisions