Former Mayor triumphs in court over reduced female wages
In a significant development, the Administrative Court of Freiburg has ordered the municipality of Todtmoos to pay former mayor, Janette Fuchs, over 36,500 euros in damages and a compensation of 7,000 euros. This ruling, based on the General Equal Treatment Act, marks a victory for Fuchs in her fight for equal pay.
The case was sparked by the disparity in Fuchs' salary compared to her male counterparts, a disparity that Fuchs believes is not an isolated incident. She advocates for the positions for the office of mayor or mayoress to be advertised with the salary grade decided by the city council to avoid future legal disputes.
The remuneration of a mayor in Baden-Württemberg is regulated by the State Communal Salary Act. The requirements for assigning salary grades are typically based on the size and responsibilities of the municipality, factors such as population size, municipal budget, and administrative duties. Two salary groups are usually available, with the city council deciding on the assignment based on an office-related evaluation of the specific municipal office.
The Transparency in Remuneration Act, a federal law aimed at correcting inequalities in pay, particularly for women, plays a crucial role in preventing pay disparities among mayors. This Act mandates clear and public disclosure of salaries and remuneration structures for public officials, ensuring that pay is set according to objective criteria rather than arbitrary or discriminatory factors.
However, the search results did not provide detailed statutory provisions about mayoral salary grading specifically for Baden-Württemberg. It is standard practice in German states to have salary grades aligned with municipal characteristics and to use transparency laws to guard against pay disparities in public roles.
Jörg Düsselberg, Fuchs' lawyer, has also successfully fought for the former mayor of Müllheim, Astrid Siemes-Knoblich, two years ago. The law gives employees a right to information about remuneration, but there are often few comparison opportunities, especially among top earners. Subjective, purely person-related aspects, such as special commitment, individual performance, experience, and gender, should not be taken into account.
The municipality of Todtmoos has yet to make a statement, waiting for a written judgment to be available. It is important to note that a city council could handle the assignment differently after the next election, but it would need to provide an objective justification.
Fuchs states that equal pay for equal work should be self-evident, not something that has to be fought for in court. This victory is a step towards achieving that goal, promoting fairness and accountability in public sector compensation at the municipal level.
[1] [State-specific statutes governing local government remuneration in Baden-Württemberg] [2] [General Equal Treatment Act] [3] [Transparency in Remuneration Act] [4] [State Communal Salary Act]
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