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The provision under § 22 AGG disposes a limited reversal of the burden of proof in favour of disadvantaged persons. Since discrimination can often only be proven by facts which lie within the sphere of the discriminating party, according to § 22 AGG, the proof of evidence which assumes a prohibited discrimination is sufficient to force the other party for exonerating evidence.

Nevertheless, the applicable requirements for proof of discrimination under § 22 AGG often make it difficult, if not even impossible, for plaintiffs to enforce their claims in court.

An extension of the facilitation of evidence could achieve a noticeable strengthening of the protection against discrimination.

The requirements for circumstantial evidence to trigger the reversal of the burden of proof should be changed in such a way that statistics and results of testing procedures: Dossier on the subject of "Testing" (in German) can be regarded as sufficient evidence within the meaning of § 22 AGG. In testing procedures, for example, a testing person is used to check whether behaviour towards a person to whom the presumed ground of discrimination is present also occurs towards a testing person without this ground of discrimination. If this is not the case, the testing procedure should satisfy as a sufficient indication of the existence of discrimination in the sense of the burden of proof. Also, the use of testing procedures for the presentation of evidence should not reduce the claim for damages.