§ 11 AGG prohibits job advertisements that violate the prohibition of disadvantaging treatment of § 7 (1) AGG. This, norm then again states that employees may not be disadvantaged because of one of the protected grounds in § 1 AGG. For this reason, the law should be equipped with the power to sanction.

An effective option for sanctioning discriminatory job advertisements can be achieved by creating a penalised administrative offence in the AGG.

In addition, cases of discrimination in job advertisements could be covered in a better way if the so called victimless discrimination would be introduced as its own category of § 3 AGG and could be punished by a collective action right. (Read more...)