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ARTICLE · 16 MARCH 2023

Gender Equality In German Workplaces – Equal Pay

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Employers are legally prohibited from discriminating on the basis of gender (as well as on the basis of other forbidden criteria) when it comes to remuneration.

GermanyEmployment and HR
Svenja Fries
Svenja Fries
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Introduction

Employers are legally prohibited from discriminating on the basis of gender (as well as on the basis of other forbidden criteria) when it comes to remuneration. The General Act on Equal Treatment (AGG) prohibits discrimination on the grounds of:

  • race or ethnic origin;
  • gender;
  • religion or belief;
  • disability;
  • age; or
  • sexual orientation.

"Discrimination" comprises inequal treatment in relation to employment conditions and working conditions, including pay, that cannot be justified by reasonable grounds.

The AGG not only prohibits direct discrimination (ie, where an employee is treated less favourably than another in a comparable situation on the ground of one of the aforementioned criteria), it also prohibits indirect discrimination. This occurs where "an apparently neutral provision, criterion or practice would put persons at a particular disadvantage compared with other persons" on any of these criteria. A case of

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This Mayer Brown article provides information and comments on legal issues and developments of interest. The foregoing is not a comprehensive treatment of the subject matter covered and is not intended to provide legal advice. Readers should seek specific legal advice before taking any action with respect to the matters discussed herein.

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