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Nocturnal Employment Case
Germany Federal Constitutional Court
85 BVerfGE 191 (1992)
- Written by Mary Katherine Cunningham, JD
Facts
Prior to 1992, the German government (defendant) enacted legislation to prohibit the employment of women as Arbeiterinnen (blue-collar workers) during the night. The government imposed a fine upon a supervisor (plaintiff) in a cake factory for employing women to wrap cakes at night. The supervisor challenged the fine using certain administrative and judicial remedies. After exhausting these administrative and judicial avenues, the supervisor filed a constitutional complaint before the Germany Federal Constitutional Court. The supervisor argued that the law imposing the fine violated Article 3 of the Basic Law for the Federal Republic of Germany (the Basic Law).
Rule of Law
Issue
Holding and Reasoning (Per curiam)
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