The EU directives implemented in the AGG do not make sanctioning a violation of the prohibition of discrimination dependent on fault.

Therefore, the fault requirement of § 15 (1) and (3) AGG violates the European directives upon which the AGG is based. The same applies to the civil law part of the AGG for the fault requirement in § 21 (2) s. 2 AGG.

As a principle, the European directives entail the prohibition of reducing a certain level of protection already afforded in the national legislation of the Member State to the detriment of discriminated persons. Prior to the implementation of the AGG in 2006, the employer's liability for disadvantages due to severe disability or gender did not have a fault requirement.

Furthermore, the time limit for bringing action of § 611 a BGB (German Civil Code), in its old version concerning unequal treatment of women, was reduced through the AGG from six months to two months. Hereby the legislator has shortened the time limit for bringing an action for this category of discrimination which is not permissible under European law.

Therefore, the fault requirement in § 15 (1) and (3) and § 21 (2) s. 2 AGG should be removed. Moreover, the time limit for bringing action for all discrimination grounds should be increased to a minimum of six months (as it was regulated before in § 611 a BGB (German Civil Code)).