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The Price of Discrimination

19.12.2008 - Germany - Spiegel
Low Award in Landmark German Sexism Case
Many had hoped the case would add teeth to Germany's new anti-discrimination law. But Sule Eisele-Gaffaroglu was awarded just €11,000 after a court found she had been the victim of gender bias.

First, the good news for the plaintiff: A southern German labor court found that Sule Eisele-Gaffaroglu had indeed been discriminated against by her employer. That, though, is likely the only bright spot the plaintiff can point to following the judgment on Thursday. She and her lawyer had asked for almost a half-million euros in what they hoped would become a landmark case in German anti-discrimination law. Instead, the court awarded Eisele-Gaffaroglu €10,818 -- equivalent to three months of her normal salary.

"This verdict demonstrates to companies that violating human dignity can be done cheaply," Prof Dr Klaus Michael Alenfelder (EAC Permanent Representative in Germany), Eisele-Gaffaroglu's lawyer in the case, told SPIEGEL ONLINE.


Battling bias in Germany

15.08.2008 - Germany - Spiegel
Feared Cost of Anti-Discrimination Law May Not Exist
When Germany's anti-discrimination law was passed, opponents said it would cost the economy €1.73 billion to implement. A new government study has come to a different conclusion. Battling bias may actually be quite cheap.
"Over and over again, German employers have claimed that the anti-discrimination law leads to massive economic disadvantages," Klaus Michael Alenfelder, president of the German Society for Anti-Discrimination Law, told SPIEGEL ONLINE. "This new study shows that is nonsense… Every serious study shows that discrimination is economically inefficient -- it reduces companies' profits."


July 18, 2008

EAC supported Conference on Anti-Discrimination in Germany (German Anti-Discrimination Day) a Great Success.


 

Alenfelder, Spidla, Prystawik 




May 6, 2008

Spidla and Alenfelder agree on implementation goals

May 6, 2008

In talks early this week at the EU Commission in Brussels, Vladimir Spidla, EU Commissioner for Employment, Social Affairs and Equal Opportunities and Prof. Dr. Klaus Michael Alenfelder, Permanent Representative of the European Anti- Discrimination Council - EAC in Germany agreed on the urgency of a proper implementation of all EU Anti-Discrimination Directives in the member states.

Talking with Commissioner Spidla, Dr. Stefan Prystawik, EU Coordinator at the EAC Headquarters in London outlined recent developments in Europe while Prof. Alenfelder described the current situation Germany as “difficult”.

Alenfelder, who is also President of the German Society for Anti-Discrimination Law – DGADR, quoted his deputy at the Bad Hersfeld based nationwide lawyers association, Frank Jansen, as saying that the visit to Commissioner Spidla’s office is a clear indication of support for the EU’s efforts to ensure proper implementation of the Directives in Germany. Alenfelder also confirmed that in the run-up to this summer’s trial in the Eisele vs. R&V case in Germany hitherto unimaginable attempts to discredit the legal proceedings were undertaken.

The Permanent Representative informed the Commissioner of vital legal aspects for an implementation which conforms to the directives:

- National courts must not be too demanding as regards substantiation of discrimination.
- Court must ensure that victims of discrimination are awarded the entire material damages, including loss of pay without any time limit.

Commissioner Spidla received this information with considerable interest and found the Kattenstein-formula useful, which provides Germany with a means to precisely and easily calculate loss of earnings in cases of discrimination in the workplace on the scientific basis that evaluated 14 Million datasets.

Alenfelder finally demanded an EU wide rule to include all groups of victims in the amended EU Directives instead of solely recognizing some groups as victims of discrimination.

The EU Coordinator deemed the meeting, in which the Commissioner demonstrated a very supportive attitude towards the goals of the EAC, as beneficial and thanked Mr Spidla for the friendly and constructive atmosphere.


Case to Test Boundaries of Discrimination Law

07.04.2008 - Germany - Spiegel
How much should discrimination cost? In Germany, it has long been cheap. But a case currently working its way through the courts may provide expensive teeth to the country's 19-month-old anti-discrimination law.
Prof Dr Alenfelder (EAC Permanent Representative in Germany) is the lawyer trying the case of Sule Eisele-Gaffaroglu, a German citizen of Turkish heritage who is suing her employer for €500,000 ($785,000) on claims she was demoted because she became pregnant. "The effect will be a reduction in discrimination. If it's no fun any more. If it's expensive and it hurts, companies won't do it any more," Alenfelder said.


January 2008

EAC predicted development –

High-Profile Anti-Discrimination Case in Germany

Major Anti-Discrimination case in a matter of months after implementation of the pertinent EU directives in Germany.

London – (EAC) The Permanent Representative of the European Anti-Discrimination Council in Germany, Professor Dr Klaus Michael Alenfelder and his Bad Hersfeld (Hessia State) based colleague and renowned Anti-Discrimination Lawyer Frank Jansen are the leading litigation lawyers in a massive Sex and Ethnic Discrimination lawsuit against German insurance and banking giant R&V.

Although the damages of EUR 500.000 seem relatively modest on an international scale they are indeed huge for Germany. Media coverage in the leading national dailies followed `suit` this weekend.

The EAC Standardization Committee members are very content about the developments and progress being made at last said speaker and EU Coordinator Dr Stefan Prystawik in London today.

For further information in English please contact the European Anti-Discrimination Council in London info, for resources in German please follow this link: www.alenfelder.de



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