Maternity: Woman sues against discrimination at work after parental leave

maternity
Woman sues against discrimination at work after parental leave

And once again a woman is punished for becoming a mother and to have taken parental leave. What’s new this time is that this happened to her even though she works in public service for the city. After six years as an employee of the Hamburg social authorities, mother Britta J. was supposed to move up to the next salary level. However, because she had taken one year of parental leave, she was denied the next pay increase on the grounds that she had not gained any additional experience and new skills that should accompany the increase this year. She still has to work this year after her parental leave and won’t get the upgrade until a year later. The mother didn’t want to accept that.

Fight for justice

The mother becomes aware of the discrimination on a structural level when she hears from her employer and the staff council that this regulation is anchored in the collective agreement and is therefore legal. The Hamburg mother feels discriminated against and is suing the social authorities.

The first court hearing ends inconclusively. The reasoning? Hamburg cannot single-handedly change the TV-L collective agreement, which also applies to all other federal states except Hesse. Because that would then also have an impact on all other federal states. The head of the staff council of the city of Hamburg, Volker Wiedemann, explained according to “taz” that the city cannot independently adapt the collective agreement and that the idea of ​​the agreement is to provide a non-discriminatory classification law. The lawyer Friederike Boll sees it differently. The mother and her lawyer don’t think they have much of a chance at the next appointment either, but one thing is certain for them: we’ll go through all the instances.

Career break motherhood

Mothers still take on the brunt of parenthood, take longer parental leave, do care work and therefore forego a large part of their previous salary. This can be seen from the Pay from the Federal Statistical Office. When they return from parental leave, many have to struggle with prejudice and discrimination.

The whole thing is called motherhood penalty. The phenomenon is not new, but it is still sobering what women have to endure as soon as they become mothers. That’s also why the mother Britta J. is suing – not just because of the money, but also on principle, as she told “taz”: “There are many women who don’t have the resources to get involved in a legal dispute like this. Because I I can do it, I have to do it, also for other women.” She is a lawyer and a single mother of two children.

Equal rights? None!

What many employers are not aware of is that for them, parenthood or parental leave tends to have a negative connotation. If parents, but primarily mothers, come back after this time, they are usually not expected to do much; they are often downgraded in their position and labeled as not being flexible and committed enough. However, very few people realize that parental leave is a phase in which parents acquire special skills. Because if mothers have learned one thing, it is to juggle many tasks and needs at the same time, to keep an eye on the big picture, to be empathetic and patient and to get a lot done in a short time. They are usually very organized, structured and prepared – all of these are qualifications that are also an advantage in everyday work. The lawyer for the plaintiff, Britta J., also criticized this point.

The mother has now moved up to the next salary bracket – albeit a whole year later. Her conclusion is sobering: “(…) I’m in the public service! If the state doesn’t take action, talk of equal rights is hypocritical.”

Source used: taz.de, destatis.de

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