Section 22 AGG — Reversal of Burden of Proof
Simplified evidentiary requirements for discrimination claims.
Practitioner's note: This article is practice-oriented compliance documentation, not legal advice. We are a compliance specialist, not a law firm. For legally binding information please consult a licensed lawyer.
Definition
Section 22 of the Anti-Discrimination Act (AGG) lowers the evidentiary requirements for claimants: where prima facie evidence of discrimination is present (e.g. an unsuitable job advertisement), the employer must prove the opposite — that no discrimination occurred. Practical consequence: clean selection documentation is mandatory. In the AGG Kit: selection-rationale templates plus a checklist for avoiding prima facie indicators.