Federal Labour Court · 23 October 2025 · 8 AZR 300/24
A woman used her employer’s pay dashboard to identify a man who earned more for work she said was equivalent. The company disputed that their jobs were comparable and said performance explained her pay. Could a court dismiss her comparison because other men earned less than the colleague she had chosen?
What counted as evidence
The Federal Labour Court held that a woman can establish a presumption of sex discrimination by identifying one man who earns more for equal work or work of equal value. A comparison of group medians was unnecessary. The information she produced about one colleague was sufficient to shift the burden to the employer.
What the employee gained
The court set aside part of the regional court’s judgment and sent the claim back. She could pursue the difference against her chosen comparator, and the employer could present evidence explaining it. The federal ruling left the final amount of back pay open.
What to look for in a pay dispute
A job title alone says little about equal value. The duties each person performed, their responsibilities and the components of pay being compared explain why a particular colleague is a meaningful comparison.
