Increasing the Efficiency of the General Equal Treatment Act - An Economic Analysis
International Journal of Discrimination and the Law
Posted: 7 Nov 2011 Last revised: 3 Mar 2012
Date Written: September 1, 2011
Abstract
This paper examines the verdict in the case of Mrs. Sule Eisele Gaffaroglu v. R&V Lebensversicherungs AG, Wiesbaden Labour Court. The economic analysis of law focuses on the three main paragraphs of the General Equal Treatment Act1 (Allgemeines Gleichbehandlungsgesetz, abbreviated to AGG): §22 – Burden of proof for the plaintiff and reversing the onus of proof to the defendant; §15 Para. 1 – Compensation of material losses; and §15 Para. 2 – Monetary compensation for non-economic loss. The analysis of the verdict concludes that the AGG, in the version currently in force, is not efficient. However, this paper also suggests possible ways of increasing the efficiency of the AGG.
Keywords: General Equal Treatment Act, law and economics, anti-discrimination, damage compensation
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