A woman has been awarded compensation of around 210,000 after a court in Germany upheld her claims that she had been unfairly underpaid in comparison to male colleagues.
However, the court rejected the woman’s arguments that she should have been awarded a larger sum, to bring her pay into line with that of the highest-paid male comparator she had identified.
The ruling, by the Higher Labour Court in Baden-Württemberg (LAG), was much anticipated, as it concerned one of Germany’s most closely watched equal pay cases, according to employment law expert
The case was brought by a female manager at Daimler. She claimed the company had discriminated against her on the basis of her gender, as she was paid less than a male colleague operating at the same level. That male colleague earned significantly more money than the average remuneration of male colleagues operating at the same level within the company. The woman sought back-pay for the years she said she had been underpaid in comparison with that individual.
However, before the court, Daimler argued that it was wrong to compare the female manager to the male colleague that she had chosen as a comparator. This, it said, was because the two did not perform the same or equivalent work and because the male employee had operated at the relevant level for a significantly longer time than she had.
In a statement, the court confirmed that Daimler had successfully rebutted the presumption of gender-based discrimination and the...
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