Article 5 of the EU Employment Directive 2000/78/EC obliges corporations to take reasonable accommodation to make the access to the workplace, occupational education and professional advancement possible for people with disabilities. An exception to this obligation is only allowed when the necessary measures that the employer would have to take would cause a disproportionate burden for the employer. This burden is not disproportionate if it is sufficiently offset by existing measures and support from national disability organisations. If the reasonable accommodation is denied, this is, in addition, a case of discrimination with regard to the Convention of Disability Rights of the UN. Regarding the guidelines of the Convention of Disability Rights of the UN and the recommendation from the EU Commission for an additional horizontal Anti-Discrimination Directive which aims to combat discrimination against persons with disabilities in civil aw relationships, the denial of reasonable accommodation should be added to § 3 AGG and thus, become a prohibited form of discrimination.

This form of prohibited discrimination should then cover the entire scope of the AGG.