Judgment, 14 October 1986.

Abstract

The defendant employer had instituted a pension scheme under which an employee was required to have 20 years of service, including 15 years of full-time service, in order to receive a pension at age 60. The Federal Labor Court of the Federal Republic of Germany held that this scheme constituted indirect discrimination against women on the basis of sex in violation of both German and European Communities law. It concluded that such discrimination was present because part-time workers were 92-95% women and 10 times more women than men would be affected by the full-service requirement.