Tag Archive: equal treatment

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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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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Things you shouldn’t tell your boss

Pursuant to section 9 paragraph 1 sentence 1 of the Maternity Protection Act, the dismissal of a pregnant employee without consent of the competent state authority is void if the employer is aware of the pregnancy when giving notice or if he is notified of the pregnancy within two weeks after the employee receives the …

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Gender quota in boardrooms from 2016

At the beginning of this month, German lawmakers passed a law requiring companies to give 30 per cent of seats on a supervisory board to women as of next year. It is intended to increase this quota to 50% from 2018 onwards. The new rules apply to listed companies with a co-determined supervisory board, ie …

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A delayed lawsuit does not always lead to forfeiture

A claim for damages for pain and suffering on grounds of harassment can be forfeited. However, mere inactivity of the claimant will not by itself lead to forfeiture as has recently been decided by the Federal Labour Court (Bundesarbeitsgericht, BAG – judgment dated 11 December 2014, docket number 8 AZR 838/13). The plaintiff, an employee, …

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Man without Hat

According to the Federal Labour Court (Bundesarbeitsgericht – docket number: 1 AZR 1083/12) a male pilot is not obliged to wear a cockpit hat in the public area of the airport during his flight mission as female colleagues do not have the same obligation. The male plaintiff is employed as a pilot by the defendant. …

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Discrimination due to weight?

The Local Labour Court (Arbeitsgericht, ArbG) Darmstadt has rejected a disability discrimination lawsuit against a health promotion company (judgment dated June 12, 2014, docket number 6 Ca 188/14). The plaintiff, a female applicant, had sued the company for 30,000 EUR in damages under the German Equal Treatment Act (Allgemeines Gleichbehandlungsgesetz, AGG). The applicant is 1.7 …

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