§ 3 AGG clarifies which forms of unequal treatment can be sanctioned by the AGG.
Due to linguistic, substantial and deficiencies in European Union law, some changes, expansions, and deletions are required.
A linguistic alteration is necessary in the AGG for the term “disadvantaging” (Benachteiligung). It should be replaced by the term that the EU Anti-Discrimination Directive uses, “discrimination” (Diskriminierung). The definition of direct disadvantaging under § 3 (1) AGG should be built upon, so that it also covers cases of discrimination that lack an identifiable victim as well as cases of associated discrimination.
Further, legal protection from harassment and sexual harassment should be improved by altering § 3 (3) and (4) AGG.
From a European Union law perspective, an expansion of § 3 AGG concerning the guarantee of accessibility is necessary. The refusal to take reasonable accommodation for people with disabilities should be added as an own individual form of discrimination under § 3.
From reasons given by EU Directives, the restriction to the employment field contained in § 3 (1) S. 2 AGGshould be deleted.