When an Attempt at Gender Equality in the Workforce Backfires

Employer discrimination can manifest anywhere, at any time. Most often, it entails women and minorities who are treated unfairly. Although there is a clear and positive sea change in the world’s professional sector where women and minorities are being given similar opportunities as their white male counterparts, employer discrimination can still manifest and take hold.

Employer Discrimination in Austria

In 2011, an Austrian man sued his employer for gender discrimination and won, seven years later. The man, Peter Franzmayr, was an employee for the Austrian Transport Ministry. After the consolidation of two departments, a new manager became necessary. Mr. Franzmayr along with another man and a woman were interviewed and judged for the position. Although all three candidates were highly qualified, Mr. Franzmayr’s application held a higher percentage rating than that of Ursula Zechner, the woman who ended up getting the managerial position. Due to this 0.25 percent difference, Mr. Franzmayr sued the transport ministry on the basis of gender discrimination. Earlier this year, the Federal Administrative Court ruled in Mr. Franzmayr favor. The State was then instructed to pay Mr. Franzmayr the difference of his current salary and that which he would have earned if he had gotten hired for the managerial position. The total was €317,368 (or $390,000) which included damages and interest.

Men Also Face Employer and Gender Discrimination

Mr. Franzmayr’s case is an interesting one. In most gender discrimination cases, the female defendant tends to be the one who is facing adversity. This doesn’t mean that men are free from discrimination, however. According to the court, Ursula Zechner was treated “more favorably than the other candidates from the beginning.” Does this ruling hurt women in the workplace? Will it discourage the promotion of women to higher managerial roles? Only time will tell. Right now, it’s necessary to work towards equality in the workforce.

What This Means for Employees in El Paso

Even though the case of Peter Franzmayr and the Austrian Transport Ministry took place half the world over, it still has implications right here in the Sun City. It shows that employer discrimination can take place even within government entities. It is also a rare case of a man being discriminated against due to his gender. It’s important to know that both men and women can suffer in the professional sector. If you’re facing employer discrimination, contact the Law Office of Perry Piñón.