The four European Anti-Discrimination Directives implemented in the AGG contain a prohibition of discrimination in both the private and the public field. The AGG, on the other hand, is limited to only civil law. Incidents of discrimination pertaining to interaction with the State therefore cannot be penalized by the legal instruments from the AGG. The BUG suggests a development of protection from discriminatory practices in the public-law field.

Based on corresponding jurisprudence, it has been sufficiently clarified that the protection against dismissal must also be non-discriminatory. § 2 (4) AGG is misleading and should therefore be deleted.