{
  "id": 9731864,
  "title": "Equal Pay: Urteil: Kein automatischer Anspruch auf gleiches Gehalt",
  "url": "https://urgent.news/2026/09/25/equal-pay-urteil-kein-automatischer-anspruch-auf-gleiches-gehalt",
  "topic": "business",
  "section": "Business",
  "published": "2026-09-25T08:03:30.000Z",
  "source": {
    "name": "Handelsblatt",
    "slug": "handelsblatt",
    "url": "https://www.handelsblatt.com/politik/deutschland/equal-pay-urteil-kein-automatischer-anspruch-auf-gleiches-gehalt/100257388.html"
  },
  "original_language": "de",
  "account": "A German regional court in Baden-Württemberg has ruled that an employee cannot automatically claim equal pay based on a higher-paid colleague of the opposite sex. The case, cited by the German Association of Labor Lawyers, involved a female executive who sought higher compensation over several years, including base salary, variable pay, and stock-related components. She pointed to a male colleague in a comparable leadership position who earned significantly more. Additionally, she referenced the median salary of the male comparison group.\n\nThe court denied the plaintiff's full request to adjust her compensation to match the highest-paid comparison colleague. The employer successfully argued that the higher compensation could be explained by the structure of the comparison group and the colleague's significantly longer tenure. The plaintiff will be required to make up the difference between her individual compensation and the median salary of the male comparison group.\n\nHowever, this does not mean that a pair comparison with a highly-paid colleague in court does not count. In certain circumstances, a single comparison with a person of the opposite sex earning equal or equivalent pay can create a presumption of discrimination. This ruling follows a previous decision by the Federal Labor Court, which means that the comparison wage does not automatically become the new target salary. Employers must first explain the discrepancy in wages.\n\nEntitlement to different wages can be justified if they are based on objective and gender-neutral criteria, such as professional experience, specific qualifications, special expertise, responsibility, or performance. Market conditions can also be argued by the employer. However, the criteria governing compensation must be clear and not constructed during the legal dispute.",
  "summary": "Eine Frau fordert das gleiche Gehalt wie ihr männlicher Kollege. Das Gericht spricht ihr zwar mehr Geld zu, aber nicht so viel wie ihr Kollege verdient. Das ist die Begründung.",
  "key_points": [],
  "editors_take": null,
  "illustration": null,
  "coverage": {
    "outlets": 1,
    "also_reported_by": []
  },
  "ai_generated": true,
  "disclaimer": "Summaries, key points and the editor’s take are written by software from other outlets’ reporting and may contain errors — always check the linked original."
}