The prohibition of victimisation under § 16 AGG, which prohibits employers to discriminate against employees because of the claim of rights under the AGG, applies only in labour law and not when concluding contracts under the law of obligations.

The danger of victimisation however exists with all contractual relationships. In the area of education and social affairs as well as in access to goods and services, it is important to protect those affected by discrimination and who have complained or initiated proceedings to enforce their rights from discrimination in this respect.

The prohibition should therefore be extended to the full scope of the law. The European law even prescribes this for the categories of racial discrimination, ethnic origin and gender (Art. 9 of the Council Directive 2000/43/EC and Art. 10 of the Council Directive 2004/113/EC). The absence of a civil law prohibition of victimisation violates European Union law.