Category Archive: Equal Treatment

New Law on Pay Transparency soon to be adopted by German Bundestag

At the beginning of this week (13 February 2017), the German government introduced the bill on pay transparency (which was adopted before by the cabinet on 11 January 2017) to the German Bundestag. The German federal assembly was asked beforehand for its opinion and did not raise any concerns. The draft bill will be debated …

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Remuneration Transparency Act: A look ahead

The coalition committee set the outline for a Remuneration Transparency Act in October 2016, thereby affirming that the current gender pay gap between men and women is no longer acceptable. The Act is planned to come into force in summer 2017. The draft law expressly states that it aims to promote and enforce the equal …

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The objective suitability of an applicant is no condition for discrimination

The Federal Labor Court (Bundesarbeitsgericht) decided on 19 May 2016 (docket no. 8 AZR 470/14) that an applicant, who is not objectively suitable for the advertised position, is nevertheless in a comparable situation or comparable position within the meaning of sec. 3 para. 1 and 2 of the General Equal Treatment Act (Allgemeines Gleichbehandlungsgesetz – …

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Equal Pay Act – A prospect

The coalition committee set the outline for an Equal Pay Act on 6 October 2016, thereby affirming that the current gender pay gap between men and women is no longer acceptable. Moreover, the Equal Pay Act should support families with a low income. According to official statistics the wages of female employees are currently about …

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Damages and injury award because of lower wages for female workers

On 28 October 2015, the Higher Labour Court (Landesarbeitsgericht, LAG) Rhineland-Palatinate (October 28, 2015 – docket number: 4 Sa 12/14) decided that an employer who pays female employees less than their male counterparts is liable to pay the difference in damages plus a compensation award. Any employers not complying with the “equal job – equal …

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Equal treatment regarding special premium for waiver of an action

The Federal Labour Court (Bundesarbeitsgericht, BAG) ruled on 8 December 2015 (docket number 1 AZR 595/14) that a works agreement on special premium dependent on renunciation of suing for dismissal protection may not exclude employees who are employed otherwise after their dismissal and do not initiate dismissal protection proceedings. The plaintiff is an official (“Beamter“). In case …

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“Late marriage” clause in pension schemes is an age discrimination

A “late marriage” clause that requires for payment of the survivor’s pension that the employee, entitled to pension benefits, was getting married before reaching the age of 60 is invalid according sec. 7 para. 2 of the General Equal Treatment Act (AGG). This was decided by the Federal Labour Court (Bundesarbeitsgericht, BAG) on 4 August …

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Different principles for different payments

On 8 December 2015 the Federal Labour Court (Bundesarbeitsgericht, BAG, docket number: 1 AZR 595/14) ruled that it is permissible to limit severance payment entitlements in a social plan (Sozialplan) to employees who are facing unemployment as a result of the termination. In contrast to this, a bonus payment in exchange for a waiver to …

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Discriminatory severance payments

The Federal Labour Court (Bundesarbeitsgericht, BAG) ruled on 17 November 2015 (docket number: 1 AZR 938/13) that regulations in social plans may be invalid if they provide for a (adverse) lump sum calculation of the severance payment only for severely disabled employees, whilst severance payments for other employees are calculated on an individual basis (and are …

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Discriminatory dismissals invalid even in small operations

Following a recent judgment by the Federal Labour Court (Bundesarbeitsgericht, BAG), discriminatory dismissals will also be invalid in small operations in which the strict rules protecting employees against dismissals do not apply (judgment dated 23 July 2015, docket number 6 AZR 457/14). In the case at hand, the plaintiff, an employee, worked in a doctor’s …

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