The AGG contains provisions that violate European law, run counter to effective protection against discrimination or are simply not necessary or expedient.
The BUG therefore calls for the complete or partial deletion of the following paragraphs (in bold):
General Equal Treatment Act (AGG)
PART 1- GENERAL PROVISIONS
§ 1 Purpose
§ 4 Unequal Treatment on Several Grounds
§ 5 Positive Action
PART 2 – PROTECTION OF EMPLOYEES AGAINST DISCRIMINATION
Chapter 1: Prohibition of Discrimination
§ 6 Persons Covered
§ 7 Prohibition of Discrimination
§ 8 Permissible Difference of Treatment on the Grounds of Occupational Requirements
§ 9 Permissible Difference of Treatment on the Grounds of Religion or Belief
§ 10 Permissible Difference of Treatment on the Grounds of Age
Chapter 2: Employer Obligations
§ 11 Advertisement of Vacancies
§ 12 Employer Action and Duties
Chapter 3: Employee Rights
§ 13 Right of Appeal
§ 14 Right to Refuse Performance
§ 16 Prohibition of Victimisation
Chapter 4: Supplementary Provisions
§ 17 Social Responsibility of the Involved Parties
§ 18 Membership of Organisations
PART 3 - PROTECTION AGAINST DISCRIMINATION UNDER CIVIL LAW
§ 19 Prohibition of Discrimination Under Civil Law
§ 20 Permissible Differences of Treatment
§ 21 Enforcement
PART 4 – DEFENCE OF RIGHT
§ 22 Burden of Proof
§ 23 Support from Anti-Discrimination Organisations
PART 5 – SPECIAL REGULATIONS APPLYING TO PUBLIC-LAW EMPLOYMENT RELATIONSHIP
§ 24 Special Regulation Applying to Public-Law Employment Relationships
PART 6 – ANTI-DISCRIMINATION AGENCY
§ 25 Federal Anti-Discrimination Agency
§ Legal Status of the Head of the Federal Anti-Discrimination Agency
§ 27 Tasks
§ 28 Authority
§29 Co-operation with Non-Governmental Organisations and Other Institutions
§ 30 Advisory Council
PART 7 – CONCLUDING PROVISIONS
§ 31 Prohibition of Changing Any Provisions
§ 32 Final Provision
§ 33 Transitional Provisions