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Deutsch

§ 17 (2) AGG allows works councils and trade unions to sue employers before labour courts in the event of a "gross violation" of the provisions of the AGG to protect employees from discrimination. However, claims of the disadvantaged persons must not be asserted. Here, the law should be amended insofar as to only speak of a "violation".

So far, this provision has only rarely been used, which may also be due to the high hurdle of "gross violation". This is only satisfied in the case of objectively significant and obviously serious breaches of duty. Therefore, in the future, any violation of the AGG by employers should be sufficient to trigger the right of works council and trade union to sue.