§ 11 AGG rules that a vacancy may not be advertised in a way that violates the prohibition of discrimination. This norm is not provided with a sanction. A discriminatory job vacancy advertisement can be brought forth as evidence for a claimant if the rejected applicant sues for compensation. This right to bring forth action may already encourage employers not to advertise vacancies in a way that violates the prohibition of discrimination.
Violations of the ban on discriminatory job vacancy advertisements should be able to be charged as an administrative offence under the AGG.
The creation of a fine would have the advantage of enabling a specified authority to take action. By virtue of the principles of official investigation, the authority would be responsible for investigating the facts, not leaving this duty to the affected persons. While making discretionary decisions, the authority could issue a caution for minor violations and decree a fine for repeated violations.
This task could be handed over to the Federal Anti-Discrimination Agency when it occurs in the Federal Republic of Germany (see § 27 Tasks).