Kalanke v. Freie Hansestadt Bremen
European Court of Justice
C-450/93, 1995 E.C.R. I-3051 (1995)
- Written by Miller Jozwiak, JD
Facts
The Bremen Parks Department (parks department) (defendant) was hiring for a manager position. The application process narrowed the pool of applicants to two current employees: Eckhard Kalanke (plaintiff) and Heike Glissmann. Kalanke was a man, and Glissmann was a woman. Kalanke held a diploma in horticulture and landscape gardening, and Glissmann held a diploma in landscape gardening. Both had been employed as horticulture employees by the parks department for roughly the same amount of time. Bremen (a German state) had a law regulating such situations. Under the law, in making hiring decisions in public employment, if the relevant department had underrepresentation of women, “women who [had] the same qualifications as men applying for the same post [were] to be given priority.” Underrepresentation of women was presumed if women did not make up at least half the employees in a given department. The parks department gave the position to Glissmann, consistent with the law. Kalanke sued, claiming that application of the Bremen law violated European Union law prohibiting discrimination on the grounds of sex. The matter was referred to the European Court of Justice.
Rule of Law
Issue
Holding and Reasoning ()
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