The fact that the AGG has so far only provided for civil law forms of sanctioning for compensation and indemnity has the disadvantage that discriminatory actions can only be sanctioned, if the affected person makes the claim. Legal protection from discrimination could be done more effectively if the AGG was supplemented with a public law sanctioning mechanism. Should discrimination in individual fields be classified as administrative offence and fined i.e. in cases of discriminatory vacancy advertisements, the advantage would then be that, in cases of discrimination, it would no longer be the private individual who would have to investigate the facts, but would become the task of a competent authority and, depending on the case, the authority could issue a fine or warning. For the affected person, the difficulty of making a claim would be eliminated and it would be ensured that a greater percentage of cases of actual discrimination would be punished.

Outside of the AGG, the Federal states, such as Lower Saxony and Bremen, should enshrine in their own respective catering legislation and, where appropriate, beyond that prohibitory measures against discrimination.