§ 15 (2) AGGspecifies that the immaterial damage, that means the violation of personality caused by discrimination in employment, is to be compensated in monetary form. The amount of compensation depends on the respective income and can be determined by the court on an individual case basis.

In the case of discriminatory non-employment, the amount of compensation may not exceed three months' salary. It must also be clear that the employee would not have been hired even if he or she had been selected without discrimination.

The urge to reform this regulation becomes apparent when its practical consequences are considered: Since the amount of the compensation is linked to the amount of the monthly salary set for the job, the discrimination or discriminatory non-employment of an executive is "more expensive" for the employer than that of a simple employee. The intensity of a personality violation suffered cannot be assessed and graded on the basis of a person's salary and therefore, not on the basis of his or her choice of profession and level of education.

The evaluation of the AGG by the Federal Anti-discrimination Agency (ADA) finds it to be systematically flawed to use a substantial criterion, such as a certain monthly salary, as a basis for calculating an intangible damage such as a violation of personality. The linking of the claim for compensation to a hypothetical discrimination-free selection decision is also inappropriate.

According to the evaluation of the ADA, the fact that the compensation, depending on the remuneration of the advertised post, can vary to a great extent, could even reach the limit of Article 3 (1) GG (Basic Law): "All people are equal before the law".

§ 15 (2) s. 2 AGG should therefore be replaced with a provision which measures the maximum liability limit on the basis of appropriate criteria or should be deleted altogether, by the legislator.