It would nevertheless be a mistake to dismiss the exercise as bureaucracy alone. Existing rules have not enforced equal pay effectively enough, and recent German litigation shows the financial consequences of pay differences that employers cannot substantiate.
In October 2025, the Federal Labour Court confirmed that a single higher-paid colleague of the opposite sex performing the same work or work of equal value may establish a presumption of discrimination under section 22 of Germany’s General Equal Treatment Act (Case No. 8 AZR 300/24). The employer must then prove that objective, gender-neutral reasons explain the difference. If it cannot, the court’s approach generally requires the shortfall against the relevant comparator to be made good.
Following remittal, the Baden-Württemberg Regional Labour Court awarded the female manager concerned approximately €210,000 (judgment of 18 August 2026, Case No. 2 Sa 14/24). Her further claim to match a particularly highly paid colleague failed because that difference could be explained. The gap against the median pay of the male comparison group could not.
The distinction matters. A higher-paid colleague does not automatically become the new salary benchmark. But once a relevant disparity is established, the employer needs evidence explaining it. The Directive will make such questions more likely by giving employees greater access to pay information and requiring them to be informed of their information rights.
Germany missed the implementation deadline of 7 June 2026 without adopting implementing legislation. Private employers are therefore not automatically subject to every obligation in the Directive. The existing litigation risk, however, gives them good reason to prepare.
The sensible starting point is to examine whether current pay differences can be defended. Market premiums, retention awards, performance-related pay and individually negotiated salaries are not prohibited as such. Their justification will, however, face closer scrutiny. A reason that was understood when a salary was agreed may be of little help years later if nobody recorded it.
Employers should therefore use the preparatory work to test their job comparisons and document the reasons for material pay differences. That provides a foundation both for answering employees’ questions and for defending decisions if a dispute follows. Producing increasingly sophisticated reports from an inconsistent pay system would merely add cost without addressing the underlying exposure.
Germany’s implementing legislation should support this work without adding duplicate structures or unclear requirements. The administrative burden is real and should not be understated. Whether that additional work is justified will depend on how much it helps employers identify and correct unjustified differences, and how much it simply requires them to describe those differences in greater detail.
