November 2001 saw the adoption of a law on equal opportunities for employees in Germany's federal civil service. The law, which came into force immediately, aims to increase the number of women in higher positions through an effective combination of advancement, anti-discrimination measures and improved provisions for the reconciliation of work and family life.
On 9 November 2001, the upper house of the federal parliament (Bundesrat) passed a law on the realisation of equal opportunities (Gleichstellungsdurchsetzungsgesetz) for employees of the federal civil service and of the federal courts. The law had been debated in the lower house (Bundestag) in September and came into force on its approval by the Bundesrat. It replaces the existing law of 24 June 1994 on the promotion of women in the civil service.
According to article 3, paragraph 2 of Germany's 'basic law' (or constitution) the state is to promote the realisation of equal opportunities between men and women and to redress existing disadvantages. Although a law on the promotion of women has existed since 1994, this binding target has not yet been achieved in the federal civil service. According to the latest report on the situation of women in the federal civil service which the 1994 legislation requires be drawn up every three years, although women have the same qualifications as men, they are still underrepresented in the federal administration and especially in the higher echelons and in leading positions. Therefore, the report draws the conclusion that concrete measures are necessary to achieve progress.
These measures are set out in the new law, which aims not only at the advancement of women and the removal of existing forms of discrimination but also at improving the reconciliation of work and family life for both men and women. The new law, which applies to a larger group of employees than the old legislation, provides for:
- priority to be given to women in areas in which they are under-represented - known as a 'quota which refers to the individual case' (Einzelfallbezogene Quote);
- more extensive rights for the civil equal opportunities commissioner (Gleichstellungsbeauftragte);
- an explicit and clearly defined prohibition of discrimination;
- a framework for more effective plans for equal opportunities, which are also to apply in cases of dismissals;
- improved measures for the reconciliation of work and family life, such as a request that civil service departments offer 'family-friendly' working time and that part-time workers and employees on parental leave are given preference for full-time jobs, if there is a suitable opportunity (the latter point also reflects the law on part-time work and non-permanent employment which came into force on 1 January 2001 - DE0011293F); and
- in filling new jobs, specific experiences and abilities gained as a result of caring tasks to be regarded as qualifications, in so far as they are relevant to the job.
The outcomes of the new law, which is a pilot project within a governmental programme entitled 'modern state – modern administration' (Moderner Staat – Moderne Verwaltung), are to be monitored by parliament on the basis of a report on equal opportunities which is to be presented regularly by the government. The federal authorities are also to conduct 'benchmarking' on equal opportunities matters.
Unlike the recent proposed law on equal opportunities for the private sector (DE0009282F) which was replaced by a government-employer agreement in July 2001 (DE0107231F), the new law was not met with opposition, probably because it covers the smaller number of employees in the federal civil service only.