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Deutsch

§ 10 AGG stipulates that a difference of treatment on grounds of age (stage of life) is permissible “if it is objectively and reasonably justified by a legitimate aim” in which the means used to achieve this aim must be “appropriate and necessary”. The requirements for unequal treatment based on age are less strict than those which, in accordance with § 8 AGG, apply to all other grounds of discrimination. This goes against the AGG’s horizontal approach. It is necessary to adjust these benchmarks of justification to the stronger prerequisites of § 8 AGG. Furthermore, the legitimate aims of unequal treatment based on age (stage of life) should be regulated by law. This suggestion is also supported in the Evaluation of the AGG by the Federal Anti-Discrimination Agency.