§ 6 AGG regulates which individuals are protected from disadvantaging in the employment field. This paragraph exhibits clear gaps in protection in the realm of self-employment. BUG recommends that these gaps should be closed and protection should be built for those employed in subcontracted employment. This suggestion is equally supported by an evaluation of the AGG by the Federal Anti-Discrimination Agency.

Additionally, the protection guaranteed by § 6 (2) S. 2 AGG is indeed extended to be applicable to subcontracted workers as well.

Discrimination, however, occurs not only to subcontracted workers employed in a foreign company. Multiple constellations of discrimination are conceivable – for example, when workers are employed by a subcontractor or when a self-employed person is working for a company with an own contract for specific work or a contract of employment. Accordingly, the scope of application of the AGG should be expanded to these points.

Therefore, the scope of § 6 should also be extended to workers of subcontractors and to self-employed workers with their own work or employment contract.