In February 2023, the Federal Labor Court ruled that “negotiating skills” cannot be an argument for a gender pay gap between men and women. All about the ruling and the topic of equal pay in landscape architecture here.
In February 2023, the Federal Labor Court ruled that “negotiating skills” cannot be an argument for a gender pay gap between men and women. All about the ruling and the topic of equal pay in landscape architecture here.
In February 2023, the Federal Labor Court officially announced that women are entitled to the same pay as their male colleagues. Is this really a milestone for fair pay for women? To date, the average pay gap between women and men in Germany is around 18%. With the same qualifications and requirements, it is still around 7 percent.
The annual Equal Pay Day in Germany shows how many days women work per year without being paid: For over 40 days, they earn the equivalent of no pay when compared to male colleagues. This year, this corresponds to the period from January 1 to March 7, 2023. Accordingly, Equal Pay Day is on March 7, just one day before International Women’s Day on March 8.
The ruling of the Federal Labor Court was described by the Federal Ministry of Family Affairs as “remarkable and a clear sign of the enforcement of equal pay for equal work”: according to the ruling, women have the right to the same pay as their male colleagues, even if they have negotiated a higher salary. Is this the way to slowly close the gender pay gap?
The legal dispute surrounding the gender pay gap was initiated by a female employee at a metalworking company in Dresden. She was hired at the beginning of 2017, almost at the same time as a male colleague who held the same position as her. The woman then found out that her colleague was earning significantly more than her despite the introduction of a collective agreement. This is not only morally wrong, it is also contrary to EU law.
As a member of the EU, Germany has enacted the “Pay Transparency Act”, which is based on the principle of equal pay. It states that no employee may earn less than colleagues of the opposite sex for work of equal value. On this basis, the woman from Dresden took legal action against her employer, who invoked freedom of contract. He stated that the male colleague had negotiated better. The labor court in Dresden and the regional labor court in Saxony dismissed the lawsuit, but it went to the next higher instance.
The Federal Labor Court ruled in case no. 8 AZR 450/21 that the plaintiff had been discriminated against by the employer due to her gender. The woman was awarded 14,500 euros in lost wages and compensation for discrimination in the amount of 2,000 euros. This decision is an important signal for women. Although individual salary differences are still possible, they must be based on performance or experience. Negotiating skills are not considered a reason for a pay gap.
The court ruling is an important precedent that women can refer to in the future. It is good news for female employees. Nevertheless, a wave of lawsuits is not to be expected, as the first step is to find out whether there is a gender pay gap. In larger companies, it is possible to assert claims for information or even involve the works council in order to obtain information on salaries.
In smaller companies, where there are no jobs of equal value, comparisons are still likely to be difficult. It is therefore important to be confident in salary negotiations from the outset and to set a minimum and maximum target. Comparison portals offer information on the usual salaries for the respective position.
Nevertheless, the ruling of the Federal Labor Court is also likely to have an impact on small companies: HR managers are becoming more and more sensitized to equal pay. This means that they will give women who set their salaries too low in salary negotiations advice on an appropriate salary in order to avoid lawsuits similar to the one in Dresden. What does this mean for landscape architecture and planning?
The Association of German Landscape Architects has taken measures to improve gender equality in the industry, including by changing its name. Some regional associations have already organized workshops on topics such as equal opportunities and diversity in landscape architecture. The aim is to achieve gender-equitable, diverse and inclusive planning.
The bdla is also setting new priorities in terms of content: In order to make open spaces not only ecologically and economically, but also socially attractive, the bdla provides recommendations for open spaces. It mentions gender as well as age, the need for support and the social and cultural backgrounds of users. It calls for these different needs to be understood and taken into account in public and open spaces. According to the bdla, this is how a social and equitable infrastructure can be created.
There is also a large gap in the pay of men and women architects and planners: According to a comparison of the gross annual salaries of members of the Federal Chamber of Architects, the gender pay gap is 26 percent. This can be partly explained by the fact that more women work in architecture and urban planning offices, while male architects work in the commercial sector. Nevertheless, the comparison shows that there are large gaps.
By the way: you can read more about equal pay and the gender pay gap in landscape architecture in this article.
