A Historic Court Victory for Equal Pay in Germany: The Case of Janette Fuchs
Former mayor successfully appeals regional court decision on reduced wages for female employees
In a landmark decision that underscores the importance of equal pay for equal work, the Administrative Court of Freiburg has ordered the municipality of Todtmoos to compensate former independent mayor, Janette Fuchs, for a pay disparity that spanned her tenure from 2014 to 2022.
Fuchs, who retired from her role last year, had filed a lawsuit under the General Equal Treatment Act, arguing that she was unfairly remunerated compared to her male counterparts. The court's ruling, which was based on the State Communal Salary Act in Baden-Württemberg, mandates that mayors' salaries are regulated by two salary groups depending on the population of the municipality.
The decisive factor for classification is an office-related evaluation of the specific municipal office. However, the court found that subjective, purely person-related aspects like special commitment, individual performance, experience, and gender should not be taken into account. Instead, only objective requirements of the office should be considered, including the individual situation of the municipality, its special tasks, and the associated demands on the office holder.
The damages for Fuchs are based on the difference in remuneration between salary groups A 14 and A 15 for more than half of her term of office. The court's ruling sets a significant precedent, potentially paving the way for other mayors to seek similar remedies. In fact, two other mayors have come forward with similar cases.
Jörg Düsselberg, Fuchs' lawyer, has also successfully fought for the former mayor of Müllheim, Astrid Siemes-Knoblich, two years ago. Düsselberg emphasizes the lack of comparison options, especially for top positions like mayor, which can lead to pay disparities. He recommends advertising mayoral positions with the decided pay grade by the city council to avoid legal disputes like Fuchs' in the future.
The Transparency in Remuneration Act, a federal law intended to support women in asserting their claim to equal pay for equal or equivalent work, further strengthens Fuchs' case. Employees have a right to information about remuneration under this act, ensuring transparency and accountability in wage decisions.
As the municipality of Todtmoos prepares to make a statement when a written judgment is available, this case serves as a reminder of the ongoing struggle for gender equality in employment and the importance of upholding the principle of equal pay for equal work.
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