Re Georg Badeck
European Court of Justice
Case C-158/97, 2000 E.C.R. I-1875 (2000)
- Written by Nathan Herkamp, JD
Facts
Georg Badeck and other similarly situated men (plaintiffs) challenged a statute in the German state of Hesse intended to promote equality of men and women. The Hessisches Gleichberechtigungsgesetz (HGlG) guaranteed the equal treatment of men and women in employment. According to paragraph 5(7), academic departments were required to hire women as professors or instructors in the same proportion as women graduated from the department. According to paragraph 7(1), half the places in government-run training programs for occupations in which women were underrepresented were to be reserved for women. Paragraph 7(2) of the HGlG allowed training programs to enroll more men than women if there were not enough women enrolled to fill half the places despite adequate efforts to draw women to the training program. The statute was challenged in the state courts of Hesse. The trial court referred the challenge to the European Court of Justice to determine whether the challenged statute was valid according to the European Union’s Equal Treatment Directive.
Rule of Law
Issue
Holding and Reasoning (Per curiam)
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