Abstract
In recent years hardly any field of private law has given rise to the amount of debate that was provoked by the non-discrimination legislation adopted at the European level and, subsequently, by various Member States. In particular, the run-up and the adoption of the German Allgemeines Gleichbehandlungsgesetz (German General Equality Law, hereafter “AGG”) were subject to extensive deliberation. Numerous German private lawyers objected to the perceived dilution of freedom of contract that they felt would result from the comprehensive private law protection against discrimination.