“Multidimensional discrimination” means unequal treatment that does not result from discrimination based on a single ground. § 4 AGG  rules that “unequal treatment on several of the grounds” of § 1 AGG can only be justified if the justification extends to all the relevant reasons listed under § 1 AGG.

In a judicial dispute, this presupposes that the respective discriminations can be documented. Cases of multidimensional discrimination, in practice, are therefore typically reduced to the most obvious form of discrimination, leading to a lack of sufficient consideration of the complexity of multidimensional discrimination.

Moreover, the civil law protection of rights under the AGG does not apply equally for all categories of discrimination. § 19 AGG, for example, does not protect from every conceivable constellation of gender or religion related discrimination, but it does protect against racial discrimination. This can be problematic for those affected by multidimensional discrimination, as they must tactically weigh which grounds for discrimination they should choose in order to have a successful claim.

This imbalance could be resolved by replacing § 4 AGG with an explicit prohibition of multidimensional discrimination under § 1 AGG.