The concept of direct disadvantaging under § 3 (1) AGG should also include “victimless” discrimination.
Direct discrimination can – as judged also by the European Court of Justice – occur even when there are no identifiable victims. This is the case, for example, when a job advertisement explicitly seeks applicants from specific origins, or when a housing company no longer wants to offer housing to people belonging to specific religions. Such statements can dissuade potential applicants and can thus limit their possible participation. Although there are no individuals (yet) who can be identified as having been discriminated against, these cases still present violations of the ban on discrimination.
Such cases of “victimless” discrimination should be sanctionable through the AGG. Since there are no plaintiffs who have had their rights infringed upon, it follows that anti-discrimination organizations should be allowed to conduct lawsuits as well. For this, however, aright to take a collective action should be implemented.