§ 1 AGG aims for the removal or prevention of certain forms of disadvantaging (Benachteiligung). However, the intention of the provisions implemented by the AGG is to remove “discrimination” (Diskriminierung) – which, in accordance with the European Court of Justice’s jurisprudence, means unjustified, unequal treatment.  The German legislator justifies the abdication of the term “discrimination” by stating that it is typically only used for unlawful, socially objectionable unequal treatment, while there are also cases of admissible unequal treatment which is not discriminatory. The shortened understanding of discrimination underlying this declaration reduces it to deliberate degrading acts by individuals and overlooks impairments to participation caused by indirect and unintentional discrimination.

The allowed justifications for unequal treatment, under §§ 5, 8 through 10 and 20 AGG, can easily be put next to “discrimination” in the legal text without issue. The goal of EU legislation that combats discrimination should be clearly stated in the AGG and that should strengthen the understanding of discrimination as well as removing taboos from the discussion and make it objective.