Law for the Equality of Women and Men in the Federal Administration and in the Companies and Courts of the Federal Government (BundesEqual Opportunities Act-BGleiG)

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BGleiG

Date of completion: 24.04.2015

Full quote:

" Federal Equality Act of 24 April 2015 (BGBl. I p. 642, 643) "

Replaced G 205-2 v. 30.11.2001 I 3234 (BGleiG)

For more details, please refer to the menu under Notes

Footnote

(+ + + Text evidence from: 1.5.2015 + + +) 
(+ + + For application cf.  § § 5, 37 + + +) 

  

The G was decided by the Bundestag as Article 2 of the G v. 24.4.2015 I 642. It's gem. Article 24 (2) sentence 1 of this G entered into force on 1 May 2015. Unofficial table of contents

Content Summary

Section 1General provisions

§ 1	Objectives of the law
§ 2	Scope
§ 3	Definitions
§ 4	General obligations

Section 2Measures on equality between women and men

§ 5	Principle; Application hint
§ 6	Job expulsion
§ 7	Interviews
§ 8	Selection decisions in the case of recruitment, career advancement and the allocation of apprenticeships
§ 9	Qualification of applicants
§ 10	Training, missions

Section 3Equality Plan

§ 11	Purpose
§ 12	creating
§ 13	Contents
§ 14	Announcement, Publication

Section 4Compatibility of family, care
and professional activity for women and men

§ 15	Working hours and other framework conditions
§ 16	Part-time work, teleworking, mobile work and leave of absence for the perception of family or nursing tasks
§ 17	Change to full-time employment, professional re-entry
§ 18	Prohibition of disadvantages

Section 5Gender Equality Officer,
Deputy and confidence woman

§ 19	Election, Regulation empowerment
§ 20	Order
Section 21	Appeal of choice
Section 22	Early exit
Section 23	Merging, splitting and integration
§ 24	Legal status
Section 25	Tasks, rights and duties of the Equal Opportunities Officer
Section 26	Duties of the Deputy and the Confidence Woman
§ 27	Participation and support of the Equal Opportunities Officer
§ 28	Rights of protection
§ 29	Equipment
§ 30	Cooperation and information
Section 31	Confidentiality of Obligations
Section 32	Form of participation and step-sharing
§ 33	Right of appeal and opposition proceedings
Section 34	Judicial procedure
§ 35	Cargo
§ 36	Interministerial Working Group of the Equal Opportunities Officer

Section 6Special arrangements, statistics,
Report and transitional provisions

Section 37	Special arrangements for the Federal Intelligence Service
§ 38	Statistics, Regulation empowerment
§ 39	Report
§ 40	Transitional provisions

Section 1
General provisions

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§ 1 Objectives of the Act

(1) The aim of the law is to:

1.

to achieve equality between women and men,

2.

eliminate existing disadvantages based on gender, in particular women's disadvantages, and prevent future disadvantages; and

3.

to improve family-friendliness and the compatibility of family, care and professional activities for women and men.

(2) In accordance with this Act, the effective enforcement of equality between women and men shall be promoted. Structural disadvantages of women are to be remedied by their targeted support. (3) In achieving the goals, the special needs of disabled women and of disabled women within the meaning of § 2 paragraph 1 of the Ninth book Social Code. In addition, § 2 sentence 2 of the law on equal treatment of disabled persons applies. Unofficial table of contents

§ 2 Scope

This law shall apply to the services in accordance with Section 3 (5). Companies in accordance with Section 3 (9) shall work towards the appropriate application of this law. Unofficial table of contents

§ 3 Definitions

For the purposes of this Act:

1.

Jobs: training places, posts, posts and posts occupied by employees within the meaning of this Act and for whose personnel execution only financial resources are required, irrespective of whether the Employment is financed from budgetary resources or other budgetary resources allocated to posts and posts;

2.

Areas: pay and pay groups or career groups, career paths and disciplines, vocational training, including the preparatory service, as well as levels with supervisor or managerial responsibilities, including posts and posts Chairman Judges and Chairman Judges;

3.

Career advancement: promotions, coursework, higher-quality posts, and transfers of higher rated posts and jobs;

4.

Employees: civil servants, employees including trainees, judges, and holders of public service offices;

5.

Services:

a)

Federal Courts,

b)

Authorities and administrative bodies of the direct federal administration, including those in the field of armed forces, and

c)

Bodies, institutions and foundations of public law of the federal government;

§ 6 (1), (2) and (4) of the Federal Personalization Act (Bundespersonalrepresentation gesetz);

6.

Family responsibilities: the actual care of at least one child under 18 years of age by employees; this also includes the use of a parental leave according to the Bundeselterngeld-und Elternzeitgesetz;

7.

Nursing duties: the actual, non-professional, domestic care or care of a person in need of care as defined in § 61 (1) of the Twelfth Book of Social Code, including the use of a person in need of care maintenance period according to the nursing-time law as well as the use of a family care period according to the Family Care Time Act;

8.

Qualification: suitability, competence and professional performance;

9.

Company:

a)

Institutions and institutions of the indirect federal administration, with the exception of the corporate bodies, institutions and foundations, and

b)

companies which, from their own administration, will in future be transformed into a private-law company, with the exception of subsidiaries;

10.

under-represented: status of women or men, if their respective share of the employees in a single area is below 50 per cent according to point 2; in the case of an odd number of employees, women or men are under-represented, if the imbalance between the two sexes affects at least two persons of the same sex; the current situation in the area to which the target is sought is decisive for the determination of a sub-representation. Action or decision mainly relates to.

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§ 4 General obligations

(1) The employees, in particular those with executive or managerial responsibilities, the management of the department as well as the personnel administration, must promote the achievement of the objectives of this law. This obligation must be taken into account as a consistent guiding principle in all areas of responsibility and decisions of the services and in the cooperation of services. (2) Grant services according to § 23 of the Federal budget regulations as institutional funding, they are to ensure, by means of a secondary provision for the notification of the grant or contractual agreement, that the institutional beneficiaries of the grant are the broad guidelines of this Apply the law. The secondary determination of the notice of application or of the contractual agreement must indicate which rules are to be applied. The first and second sentences also apply in the event that bodies outside the federal administration are institutionally promoted by means of federal funds. (3) Federal legislation and administrative provisions are intended to promote equality between women and women. Men also express linguistically. This also applies to the official correspondence.

Section 2
Measures on equality between women and men

Footnote

(+ + + Section 2 (§ § 5 to 10): refer to the application. § 5 (1) + + +) Unofficial table of contents

§ 5 Principle; Application notice

(1) The provisions of this Section shall not apply only if the membership of a particular sex is an indispensable condition for the activity to be performed. (2) The rights of participation of the Staff Committee and those of the Disabled representatives remain unaffected. Unofficial table of contents

§ 6 Job tender

(1) Job calls for jobs must be gender-neutral. In particular, it is inadmissible to issue jobs only for men or for women only. The text of the call for tenders must be worded in such a way that it appeals to members of both sexes in the same way and that members of the gender under-represented in the respective area are strongly urged to apply. Each invitation to tender shall contain the indication that the advertised place of work may be filled in part-time, unless compelling service interests are contrary to that requirement. Sentence 4 shall also apply to the occupation of jobs with superiors or managerial responsibilities, irrespective of the level of the hierarchy. (2) If women or men are under-represented in one area, a free workplace should be written to the Increase the number of applicants. The workplace should be publicly advertisedif this objective cannot be achieved either with an internal call for tenders or with an inter-service call for tenders. Exceptions to § 8 (1) sentence 3 of the Federal Civil Service Act remain unaffected. (3) Job vacancies must determine the requirements of the workplace to be filled and, in view of possible future functions of the applicants, Applicants also include the prerequisite requirement and qualification profile of the runway or the functional area.

Footnote

(+ + + § 6 (2) sentence 2: For application, see § 37 No. 2 + + +) Unofficial table of contents

§ 7 Application interviews

(1) A sufficient number of applications for women who have the requirement and qualification profile specified in the call for tenders must be submitted to employment in an area in which women are under-represented, at least as many women as men are invited to interview interviews or special competitions. § 82 sentence 2 and 3 of the Ninth Book Social Code remains unaffected. For the occupation of jobs in an area where men are under-represented due to structural handicaps, the rates 1 and 2 shall apply. (2) In interviews and special competitions, in particular: Questions about marital status, an existing or planned pregnancy as well as existing or planned family or nursing tasks are inadmissible. (3) Selection committees should be filled with gender parity. If a parity occupation is not possible for valid reasons, the respective reasons are to be made aware of the reasons. Unofficial table of contents

§ 8 Selection decisions in the event of recruitment, professional advancement and the allocation of training places

(1) Where women are under-represented in a particular area in accordance with Section 3 (2), the department has to take them into account in the allocation of training places, recruitment and career advancement. This shall also apply in the case of secondhand, translation and implementation for more than three months in each case if a tendering procedure is preceded by the same. A prerequisite for the preference is for applicants to have the same qualification as their male competitors. The preference shall be excluded if there are legal grounds for protection which lie in the person of a male competitor. If men are structurally disadvantaged and are under-represented in the respective area, the sentences 1 to 4 shall apply. (2) Paragraph 1 shall apply in particular to:

1.

the filling of posts of officials, of employees, of trainees and of judges, unless the appointment of judges is a choice or the participation of a judge Election Committee;

2.

the career advancement, unless the decision on this rise is made by an election or with the participation of an election committee.

The first sentence of the first sentence of the first sentence of paragraph 2 shall apply to the posts of members of the Federal Court of Auditors, for the purposes of which the exemption in the first sentence of paragraph 2 shall apply mutah. Appointment according to § 5 paragraph 2 sentence 2 of the Federal Court of Auditors ' Act of 11 July 1985 (BGBl. 1445), as last amended by Article 15 (82) of the Law of 5 February 2009 (BGBl). 160), the Standing Committee of the Grand Senate of the Federal Audit Office has been consulted. Unofficial table of contents

§ 9 Qualification of applicants

(1) The qualification of a candidate or applicant shall be determined on the basis of the requirements of the job to be filled, in particular the training required for this purpose, the qualification profile of the career or the function area as well as from the professional experience. The seniority and the date of the last transport of applicants may only be taken into account in so far as they are relevant to the qualification for the workplace in question. Specific experience and skills acquired through family or care tasks must be taken into account in so far as they are relevant to the exercise of their respective activities. (2) The following circumstances may not be part of the comparative assessment be:

1.

through the perception of family or nursing tasks

a)

Interruptions of professional activity,

b)

lower number of active service or employment years,

c)

Reductions in working time or delays in the completion of individual training courses,

d)

loads of time,

2.

the income situation of the spouse, the life partner or the life partner, the partner of life or the partner of the life,

3.

the intention to make use of the possibility of working time reduction or leave of absence for the exercise of family or nursing duties,

4.

organizational and human-economic considerations.

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§ 10 Training, missions

(1) The office has to support the participation of employees in training. In the course of the training of introductory, promotion and adaptation, women must be taken into account at least in proportion to their share in the respective target group of the training. The second sentence also applies to men who are under-represented. (2) The office must be employed with family or nursing duties in the context of the service possibilities, the participation in service training as well as on mission trips . Where necessary, additional events or alternative travel periods should be offered within the scope of the service, which shall be subject to the spatial and temporal needs of employees with family or caring responsibilities. . In addition, the office can offer employees with family or nursing tasks within the framework of the service possibilities to participate in the service training. For the duration of participation in

1.

The measures referred to in the first sentence may, if necessary, be provided for the care of children or persons in need of care,

2.

Measures in accordance with sentences 1 and 3 may be reimbursed on application for additional, unavoidable care costs for children or persons in need of care.

(3) The office shall provide sufficient training to facilitate career advancement and professional re-entry after an interruption of professional activity in the exercise of family or caring responsibilities. The provisions of paragraph 2 shall apply. (4) Staff management staff and employees with executive or managerial responsibilities shall be obliged to take measures to promote equality between women and men and to reconcile family life, care and professional activity. (5) At the beginning and during her term of office, the Equal Opportunities Officer and her deputy is an opportunity for further training, in particular in the areas of equality law, the right to of the public service and of the staff representative, organisational and budgetary law.

Section 3
Equality Plan

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§ 11 Purpose

The equality plan is designed to achieve the objectives of this law and is an essential tool for personnel planning, in particular personnel development. Its implementation is a special obligation for personnel management, employees with executive or management tasks, as well as the service branch management. Unofficial table of contents

§ 12 Creation

(1) Each service has to draw up an equality plan for four years, which can be adapted to the current circumstances after two years. The rights of the Staff Committee and the representation of the severely disabled person remain unaffected. (2) The equality plan must be drawn up by 31 December and will enter into force on 1 January of the following year. By way of derogation from the first sentence, other reference dates may be established for services with a large business unit and in the case of comprehensive organisational changes in the service. Unofficial table of contents

§ 13 Content

(1) The equality plan must take stock of the situation by describing the existing situation of women and men at the office as at 30 June of the year of its preparation and by promoting the promotion of the employees in the In accordance with Section 3 (2) for the last four years. The survey also includes a presentation which shows how women and men have taken advantage of the measures to reconcile family, nursing and working life and how their professional advancement is compared with the other on women and men who did not take such measures. If the objectives of the previous equality plan have not been implemented, the reasons for the target misconduct shall be set out in the current equality plan. (2) The equality plan shall determine how until the end of its period of validity

1.

if possible, to reduce the underrepresentation of women or men in the various areas referred to in Section 3 (2),

2.

The aim is to improve the compatibility of family, care and professional activities and, in particular, to motivate men to make more use of the corresponding compatibility offers.

To this end, specific targets must be identified, particularly on the percentage of women and men for each individual management and management level, insofar as these are jobs in accordance with Section 3 (1). In so far as targets are to be developed for the occupation of jobs, the occupation of which is not decided upon by the occupation, the requirements are to be developed in consultation with the authority responsible for the job vacancy. (3) The For each target, equality plan has to identify specific measures of a human, social or organisational nature in order to achieve the respective target. It also includes, in particular, measures to promote the reconciliation of family, nursing and professional activities. (4) Insofar as personnel-related measures are provided for, by which posts or posts are blocked or eliminated, the following is included in the Provision should be made to ensure that the proportion of the under-represented sex in the areas in question is at least not reduced in accordance with Section 3 (2). (5) The equality plan shall not contain personal data. Unofficial table of contents

§ 14 Notice, Publication

The equality plan shall be published within one month from the date of its expiry on the intranet of the services and shall be notified immediately to the staff of the staff. Employees with executive or managerial tasks will receive it in text form.

Section 4
Reconciliation of family, care and professional activities for women and men

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§ 15 Working hours and other framework conditions

The services have to offer working hours and other framework conditions which make it easier for women and men to reconcile family, nursing and professional activities, in so far as they do not conflict with the need for service. The other framework conditions within the meaning of the first sentence may include opportunities for the care of children or persons in need of care, including appropriate advice and placement services. Unofficial table of contents

§ 16 Part-time employment, teleworking, mobile work and leave of absence for the exercise of family or nursing tasks

(1) The services shall be subject to requests from employees with family or caring responsibilities for part-time or family-related part-time work or leave of absence, to the extent that compelling service concerns do not conflict; this shall also apply: in workplaces with supervisor or line tasks, regardless of the hierarchy level. Within the framework of the service possibilities, the services have to offer the employees with family or nursing tasks also teleworking places, mobile workplaces or family-or care-friendly work and attendance time models. The rejection of applications must be explained in detail in writing. (2) The services must be employees who submit a request for part-time employment, family-friendly or care-friendly working time models or leave of absence for the perception of Providing family or nursing tasks, early in text form, point to:

1.

the consequences of an authorization, in particular in respect of civil servants, labour, supply and pensions, and

2.

the possibility of a time limit with extension option and its consequences.

(3) The services must ensure that:

1.

Employees whose application for part-time employment, family-friendly or care-friendly working time models or leave of absence for the perception of family or nursing tasks was positively decided, one of their reduced working time corresponding to Receive discharge from their duties and

2.

the reduced working time does not result in any additional charges for other employees of the service.

(4) The provisions of the Part-time and Freezing Act relating to part-time employment as well as other statutory provisions relating to part-time employment or leave to leave leave shall not be affected by paragraphs 1 to 3. Unofficial table of contents

§ 17 Change to full-time employment, professional re-entry

(1) In the event of the same qualification, priority must be given to the occupation of jobs:

1.

Part-time employees with family or nursing tasks applying for full-time employment or an increase in their weekly working time, as well as

2.

Employees who have performed family or nursing duties during the leave of absence and who apply for an early return from the leave of absence.

(2) The services have to facilitate the connection to the profession and the professional re-entry of employees on the basis of family or nursing duties. In particular, the following measures shall be taken into consideration:

1.

the possibility of part-time employment according to the Federal Elternary and Parental Leave Act,

2.

the possibility of part-time employment under the Part-Time and Freezing Act, in so far as the nature of the activity does not preclude part-time employment,

3.

the provision of timely information on training courses,

4.

the offer to participate in further training during or after the leave of absence, and

5.

the offer of holiday and disease representations.

(3) Participation in further training during leave of absence for the purpose of carrying out family or nursing duties shall be based on a claim to paid employment or leave of work after the end of the leave of absence. The duration of the paid service or leave of work depends on the duration of the training. (4) The office has to hold personnel talks with the affected persons in good time before the end of a leave of absence for the purpose of carrying out family or nursing duties. Employees in which their further professional development is to be discussed. Unofficial table of contents

Section 18 Prohibition of disadvantages

(1) The following circumstances shall not affect the recruitment and professional development, including the career progression, and shall not, in particular, have an adverse effect on the service assessment:

1.

Part-time employment,

2.

teleworking, mobile work as well as participation in flexible work or attendance periods,

3.

an existing pregnancy,

4.

absenteel or mutteric absences on the basis of employment bans on grounds of mutiny,

5.

Leave of absence due to family or nursing duties.

This does not preclude the treatment of periods as defined in point 1 of the first sentence of the first sentence of point 4 and 5. (2) The difference in the treatment of part-time employment in relation to full-time employment is only permissible if it is mandatory objective reasons justifying this. This applies to teleworking, mobile work and leave of absence due to family or nursing duties, with the exception of parental leave. (3) Absences due to pregnancy and mutterity on the basis of legal protection law Employment bans as well as leave of absence due to family or nursing tasks must be taken into account in the calculation of waiting times for a promotion pursuant to Section 22 (4) of the Federal Civil Service Act.

Section 5
Equal opportunity commissioner, deputy and confidence woman

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Section 19 Election, Regulation empowerment

(1) In each department with as a rule at least 100 employees, an equal opportunity representative and a deputy are elected. Sentence 1 shall also apply to the highest federal authorities, usually with fewer than 100 employees. The election of the Equal Opportunities Officer and the Vice-President shall take place in separate ballots in accordance with the general electoral principles. Re-elections are admissible. The female employees of the office are eligible and eligible. (2) The female employees of a department without their own equal opportunity officer are entitled to vote at the next higher-level office. (3) Administrations with a By way of derogation from the first sentence of paragraph 1, the large business unit may have fewer equal opportunity representatives elected, provided that it is ensured that the employees of the entire business unit are adequately represented by an equal opportunity representative (4) In services with large powers of responsibility or complexity Task areas are selected up to three alternates. This also applies to administrations with a large area of business which make use of the derogation provided for in paragraph 3. (5) The Federal Government shall, without the consent of the Bundesrat, regulate the procedure of the election referred to in paragraphs 1 without the consent of the Federal Council. to 4. Unofficial table of contents

§ 20 Order

(1) The services appoint the elected employees for four years to the Equal Opportunity Officer or Deputy. The appointment requires that the selected employees do not belong to either the staff or the disabled person's representation. (2) If no candidate is elected for the election of the equal opportunity representative, or is not a candidate after the election, , the service centre appoints the equal opportunity commissioner from the circle of female employees on the grounds of the office. This requires the consent of the employees to be ordered. (3) Do not find sufficient candidates for the election of the alternates or are not elected enough candidates after the election, the service branch appoints the On the basis of a proposal from the Equal Opportunity Officer. This requires the consent of the employees to be ordered. (4) For small services in accordance with § 19 (2) and for extensions and parts of a service which are located far from the office, the competent authorities shall, on the basis of a proposal from the competent authorities, Equal opportunity commissioner to order a trust woman. The appointment of the confidence women shall be subject to the consent of the female employees to be ordered. The confidence woman must be employees of the respective service, branch office of the service or of the respective service part. Unofficial table of contents

Section 21 Feeding of the election

(1) The election may be contested if there has been a breach of essential rules of choice and the infringement has not been corrected. A dispute of choice shall be made if the result of the election could not be altered or influenced by an infringement of essential provisions of the election. (2) Entitled to challenge shall be a group of at least three persons entitled to vote and the (3) The dispute must be carried out before the Administrative Court within twelve working days of the announcement of the result of the election. Unofficial table of contents

Section 22 Premature extermination

(1) If the Equal Opportunities Officer is temporarily out of office or if she is not only temporarily prevented from exercising her office, the office of office for the remainder of the term of office shall immediately appoint a new Equal Opportunities Officer. § 19 shall not apply if the duration of the remainder of the term of office is two years or less. (2) If a deputy or a woman of confidence leaves her office prematurely, or is not only temporarily prevented from office, , on the basis of a proposal from the Equal Opportunities Officer, the Office shall appoint a new Deputy or a new confidence woman for the remainder of the term of office. Paragraph 1, second sentence, applies accordingly. (3) Both the Equal Opportunities Officer and all their deputy representatives are prematurely removed from their duties or are not only temporarily prevented from exercising their duties, new elections are to be held in accordance with § 19 (4) Prevention is not only temporary if the Office could not be exercised without interruption for more than six months on the basis of illness-related work or incapacity for work. Unofficial table of contents

Section 23 merging, splitting up and integration

(1) When the services are put together to a new service, the term of office of the equal opportunity representative shall end and that of the alternates shall end at the latest one year after the meetings of the services. Until that date, the task division and perception shall be carried out by mutual agreement between the equal opportunity officers and the deputy. New elections in accordance with § 19 must be completed in good time before the end of one year after the merger of the services. (2) In the case of division or division of a service into two or more departments, the term of office of the Equal opportunity representative and the deputy representatives no later than one year after the implementation of the organisation act. (3) If a department is incorporated in another service, the term of office of the Equal Opportunities Officer and the office of the substitutes of the affiliated department shall end with the implementation of the organisation act the integration. Unofficial table of contents

Section 24 Legal status

(1) The Equal Opportunities Officer shall be assigned to the personnel administration and shall be assigned directly to the service centre. In the case of supreme federal authorities, an assignment is also possible for the management of the central department. (2) The Equal Opportunities Officer is free of instructions in the performance of her duties. It may only be dealt with in its capacity as an equal opportunity commissioner with staff matters. The rights and obligations of the equal opportunity officers referred to in paragraphs 1 and 2, as well as the rights and duties of the equal opportunity officers, shall not be affected by the provisions of the second sentence of paragraph 29 of this article. § § 28 to 35 shall also apply to the deputitians, unless this law determines otherwise. Unofficial table of contents

Section 25 Tasks, rights and duties of the Equal Opportunities Officer

(1) The Equal Opportunities Officer is responsible for the enforcement of this Act and of the General Equal Treatment Act with regard to the protection of employees against disadvantages because of their gender, in particular in the event of disadvantages. of women, to promote and to monitor. This includes the protection of women who are disabled or threatened by a disability, as well as protection against sexual harassment in the workplace. (2) The tasks of the Equal Opportunities Officer include in particular:

1.

to assist the service in achieving the objectives of this Act and to promote the fulfilment of the general obligations under Section 4;

2.

to participate in all personnel, organisational and social activities of the department, which include equality between women and men, the elimination of sub-representation, the reconciliation of family, care and professional activities, and the Protection against sexual harassment in the workplace,

3.

to advise and support, where necessary, individual employees, in particular in the areas of professional development and promotion and the compatibility of family, nursing and professional activities, as well as with regard to protection against disadvantages, and

4.

to carry out the training provision in accordance with Article 10 (5).

(3) The Equal Opportunities Officer may conduct office hours and convene annual meetings of female employees. It shall inform the service branch in advance of the convening of an assembly in accordance with the first sentence. The Equal Opportunity Officer can take part in staff meetings and has a right to repent there. (4) In the case of § 19 (2), the Equal Opportunities Officer of the next higher-level office shall take the tasks assigned to it under paragraphs 1 and 2 also true for subordinate services. Paragraph 3 shall apply accordingly. (5) The Equal Opportunities Officer of the highest federal authority shall be responsible for the exchange of information and experience of the equal opportunity officers, deputists and trust women in their business area (6) The Equal Opportunities Officer of a top court has the right to participate in the meetings of the Presidential Council and its committees. (7) The task of the equal opportunity commissioner takes precedence over the perception other tasks. Unofficial table of contents

Section 26 Tasks of the Deputy and the Liaison Officer

(1) The Deputy shall act in principle in the case of representation. (2) By way of derogation from paragraph 1, the Equal Opportunity Officer may, with the consent of the deputy, transfer part of the duties according to § 25 to the independent execution. In the case of § 19 (4), the division of responsibilities between the Equal Opportunities Officer and the deputy representatives shall be carried out by mutual agreement. An amendment or cancellation of the delegation decision in accordance with sentences 1 and 2 may be made by the Equal Opportunities Officer at any time without the consent of the deputy or the deputy. The second sentence of paragraph 24 (2) applies. (3) The deputy has to observe the gender equality guidelines set out by the equal opportunity commissioner. The overall responsibility for the assignment of duties shall remain with the Equal Opportunities Officer. (4) The woman of trust shall be the contact person for the employees of the respective department, branch office or the respective service part as well as for the employees of the respective service. the competent equality officer. It is responsible for communicating information between the employees and the Equal Opportunities Officer. If both the equal opportunity commissioner and her deputists are prevented, the confidence woman on behalf of the equal opportunity representative can attend interviews, special selection procedures or meetings of selection committees , the exercise of the right to participate in accordance with § 32 shall continue to be reserved in this case to the Equal Opportunities Officer. If the department makes use of the possibility in § 19 (3), the Equal Opportunity Officer of the confidence woman can also perform tasks for independent execution at the local office, branch office or the Transfer of service part. Unofficial table of contents

Section 27 Participation and support of the Equal Opportunities Officer

(1) The office shall take part in an early stage, in particular with regard to:

1.

-personnel matters; this concerns the preparation and decision of

a)

the allocation of apprenticeships,

b)

the recruitment, secondation, redeployment and implementation of employees for more than three months,

c)

the training and career advancement of employees,

d)

The warning, the initiation and conclusion of a disciplinary procedure, including the preliminary dismissal of the service,

e)

termination and cancellation, dismissal, retirement, and similar decisions,

2.

organizational and social affairs,

3.

the drafting of assessment guidelines and meetings intended to ensure the uniform application of these directives in the service centre;

4.

Procedures for filling bodies in accordance with the Bundesgremienstaffungsgesetz, unless an organizational unit is set up for equality between women and men in the service centre, and

5.

the creation of the equality plan.

(2) An early involvement referred to in paragraph 1 shall be provided if the equal opportunity officer is involved in the decision-making process on the part of the department and the decision or measure is still capable of being developed. (3) Participation of the Equal Opportunities Officer is preceded by a participation procedure in accordance with the Federal Personalization Act and the ninth book Social Code; the procedure in accordance with § 32 (3) must be completed. If, contrary to the first sentence, there is a parallel participation of personnel or disabled persons, the Equal Opportunity Officer must be informed of the reasons. Unofficial table of contents

Section 28 Protection rights

(1) The Equal Opportunities Officer must not be impeded in the performance of her duties and should not be disadvantaged or favoured in the course of her professional development because of her work as an equal opportunity officer. In particular, she exercises her office without reducing her previous pay or her previous pay and takes part in the career path as it would have been without the Office's assumption. (2) The Equal Opportunities Officer is appointed by Other activities to the extent necessary for the proper performance of their duties as equal opportunities officers. In departments with as a rule fewer than 600 employees, the discharge is at least half of the regular working time of a full-time force. In the case of a number of persons employed, as a rule, at least 600 employees, the equal opportunity commissioner is relieved of a full-time power in the scope of the regular working time. If the Equal Opportunities Officer exercises part-time employment, the extent of the discharge of the deputy or of the alternates shall be increased accordingly; this shall apply irrespective of the requirements for discharge of the deputy in paragraph 5. If the Equal Opportunities Officer is responsible for more than one department in accordance with Article 19 (2), the total number of persons employed by all departments shall be taken into account in respect of the amount of the discharge. (3) The departments have the professional development of the It is fictitious to trace the issue of equal opportunity representatives. This obligation shall apply irrespective of the extent of the discharge of the equal opportunities officers. The fictitious post-drawing serves as the basis for personnel selection decisions. The right to a fictitious remark of the service assessment pursuant to § 33 (3) of the Federal Railways Regulation remains unaffected. The services have to give the equal opportunity representative a description of their duties as proof of their work as an equal opportunity commissioner. (4) Before termination, transfer and secondment, the (5) If the deputy is active in the case of representation in accordance with Section 26 (1), she is to replace the equal opportunity officer with the start of the representative activity to the extent that the representative is responsible for the To relieve the burden of her work as a substitute for other activities. In the case of the first sentence of Article 26 (2), the deputy shall be replaced by up to a quarter of the regular working time of a full-time force in place of the equal opportunity representative. In the case of the second sentence of Article 26 (2), the discharge of the alternates is in each case up to one half of the regular working time of a full-time force; the amount of the discharge for the equal opportunity commissioner remains unaffected by this. (6) Trust women shall be relieved of any other activities to the extent necessary for the proper performance of their duties as an information intermediary. The discharge shall be at least one tenth and up to a quarter of the regular working time of a full-time force. Unofficial table of contents

§ 29 Equipment

(1) The equal opportunity representative shall be provided with the necessary human, spatial and factual equipment at the beginning and until the end of his/her term of office. (2) In the case of a number of persons employed, as a rule, less than 1 000, the Gender equality officers are assigned to an employee or an employee. In a department with as a rule at least 1 000 employees, the equal opportunity officer shall be assigned at least one employee or one employee. (3) The task of the staff is limited to the Support for equality officers. Section 26, paragraph 4, sentence 3 shall apply. (4) The Equal Opportunities Officer shall receive a monthly endowment fund. The level of the endowment fund of the equal opportunity representative fully discharged from other tasks shall be equal to the amount of the allowance for members of staff councils who have been exempted from their official duties, Total staff councils, county staff councils and main staff councils. The Equal Opportunity Officer, which is partially relieved of other tasks, receives a disposal fund, which corresponds to the proportion of her discharge. The Regulation on the amount of compensation for staff representation members released by the Service on 18 July 1974 (BGBl. 1499), as defined by Article 7 of the Law of 3 December 2001 (BGBl I). 3306), it shall apply accordingly. Unofficial table of contents

Section 30 Cooperation and information

(1) The office management and the equal opportunity commissioner work closely together for the benefit of the employees and for the fulfilment of the objectives set out in § 1. (2) The service management board supports the equal opportunity commissioner in the perception their duties and the exercise of their rights of participation, by informing the Equal Opportunities Officer, in particular, without delay and comprehensively. The documents required for the performance of their tasks, in particular application documents, comparative overviews and selection notices, must be submitted at the earliest opportunity and the information requested should be provided. The mission management is to give the equal opportunity representative an opportunity to participate actively in all decision-making processes on personnel, organisational and social matters and to exchange information and experience of the (3) The Equal Opportunity Officer has the right to inspect the relevant parts of personal files, in so far as the knowledge of the contents of the files is to be taken into account. The performance of their duties is required. Unofficial table of contents

§ 31 Obligation to comply with the obligation of confidentiality

The equal opportunity commissioner and her deputists, the employees and the trust women, are available in the office of employment with regard to personal circumstances of employees and other confidential matters. the date of their order, and beyond the time of their order, to remain silent. Unofficial table of contents

Section 32 Form of participation and step-sharing

(1) The Equal Opportunity Officer shall have the right and the duty to present directly with the service management board. It has a right of initiative in all matters which are subject to its participation in accordance with Article 25 (1) and Article 27 (1). The Office shall decide on an own-initiative request within a reasonable period of time, no later than one month. In exceptional cases, the final decision shall be taken after three months. The decision is to be communicated to the Equal Opportunity Officer in writing. (2) The participation of the equal opportunity officers is regularly carried out by vote, which is to be taken to the files. The vote shall be made within ten working days from the date of receipt of the notification of the proposed measure or decision in text form; this period may be dismissed in agreement with the Equal Opportunities Officer. Only in cases of special urgency may the time limit for the delivery of the vote be reduced to three working days. If, within 10 working days or in the case of sentence 3, the equal opportunity officer has not cast a vote within three working days, the measure or decision envisaged shall be deemed to have been approved. (3) The office shall be subject to the vote the Equal Opportunity Officer shall inform the Equal Opportunity Officer of the reasons for non-compliance, if the Equal Opportunities Officer has requested this in the delivery of the vote. The communication by the office must be made in text form within 15 working days from the date of receipt of the vote. (4) As far as decisions are taken in departments for subdepartments, each department involved has the responsibility for them. in accordance with Articles 25, 27 and 30, and in accordance with paragraphs 1 and 2, to participate in the partial proceedings which have been brought before the Equal Opportunities Officer. The vote of the Equal Opportunity Officer of the subordinated office, drafted in text form, together with the other documents relevant to the decision, is the next higher office and from the next higher office of the office To present equal opportunity representatives. In the case of personnel matters, the rates 1 to 3 shall apply in the event that the staff-working department and the employment service are not identical. The first sentence shall also apply where operations relating to the tasks of the equal opportunity officers referred to in paragraph 1 are dealt with with effect for another service, which is not a subordinate service in accordance with Section 25 (4).

Footnote

(+ + + § 32 (4): For application, see § 37 No. 8 + + +) Unofficial table of contents

Section 33 Right of appeal and opposition proceedings

(1) The Equal Opportunities Officer shall have a right of objection to the service manager if it asserts that the service has the right to

1.

Contrary to Article 12 (1), an equality plan shall not be drawn up or the time limit laid down in § 12 (2) is seriously violated,

2.

an equality plan which does not comply with the requirements of section 13,

3.

Contrary to Article 27 (1) (5), the Equal Opportunities Officer does not participate in the drawing up of the equality plan,

4.

Contrary to § 14, the equality plan has not been disclosed,

5.

the rights of equal opportunity officers, or

6.

contravene other provisions of this law or other provisions on equality between women and men.

(2) The objection shall be filed within one week from the receipt of the statement of reasons in accordance with § 32 (3) in writing to the service management board. He has suspensive effect. The provisions of Section 80 (2), first sentence, point 4 and paragraph 3 of the Administrative Court of Justice shall apply mutatily. In the event of immediate enforcement, the Service Director shall immediately inform the Equal Opportunity Officer immediately. (3) The Service Board shall decide on the opposition within one month of receipt of the opposition. If it considers the objection to be justified, the measures in question and their consequences shall be corrected and the results of the opposition shall be taken into account in other comparable cases. (4) If the service management board considers the objection to be Unsubstantiated, it shall submit it immediately to the next higher-level service management. In the case of self-employed federal bodies, institutions and foundations without a multi-level administrative structure, the opposition shall be submitted in accordance with their board of directors or management. The decision of the next higher rank, the board of directors or the management shall take place in accordance with paragraph 3. (5) The decision on the objection shall be given in writing and the equal opportunity officer shall immediately be , Unofficial table of contents

Section 34 Court of Justice

(1) If the objection in accordance with § 33 is unsuccessful, the Equal Opportunity Officer may appeal to the Administrative Court. Prior to this, the Equal Opportunity Officer or the Department has to undertake a further out-of-court settlement attempt. The Court of First Instance shall be called within one month after the Equal Opportunities Officer or the Service has written in writing of the failure of the out-of-court trial. The appeal does not have suspensive effect. (2) The appeal to the Court of First Instance can only be based on the fact that the service

1.

the rights of equal opportunity officers, or

2.

has drawn up an equality plan which does not comply with the requirements of § § 12 to 14.

(3) By way of derogation from the third sentence of paragraph 1, referral to the Court of First Instance shall also be admissible if, in the absence of sufficient reason, the objection has not been determined objectively within a reasonable period of time. § 75 sentence 2 to 4 of the Administrative Court Rules apply accordingly. (4) The office shall bear the costs incurred by the equal opportunity officer on the basis of legal remedies under paragraphs 1 or 2. Unofficial table of contents

Section 35 Fraequitable

(1) In order to clarify matters of fundamental importance, in particular for the interpretation of this law, the Equal Opportunities Officer and the deputies can directly contact the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth. Personal data of employees may only be transmitted to the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth with the consent of the employees concerned. (2) Questions referred to in paragraph 1 shall be answered within one month. . The Federal Ministry for Family Affairs, Senior Citizens, Women and Youth is responsible for its response from the relevant top federal authority. Unofficial table of contents

Section 36 Interministerial Working Group of the Equal Opportunities Officer

The equal opportunity commissioners of the top federal authorities together form the Interministerial Working Group of Equal Opportunity Representatives of the Supreme Federal Authorities. The working group regularly informs the equal opportunity officers from the business units about his work. The possibility of establishing further working groups for the coordination of the work of equal opportunity officers within the scope of this law remains unaffected by sentences 1 and 2.

Section 6
Special arrangements, statistics, report and transitional provisions

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Section 37 Special arrangements for the Federal Intelligence Service

For the Federal Intelligence Service, this Act shall apply with the following exceptions:

1.

the Federal Intelligence Service shall be deemed to be a single service, in which no trust women are appointed,

2.

Article 6 (2), second sentence, shall not apply;

3.

§ 14 sentence 1 shall not apply; the employees of the Federal Intelligence Service shall be entitled to see the equality plan in the bodies designated by the personnel administration,

4.

Soldiers employed by the Federal Intelligence Service are actively entitled to vote in accordance with Section 19 (1),

5.

Soldiers working at the Federal Intelligence Service shall be considered as employees of the Federal Intelligence Service as regards the responsibility of the equal opportunity officers appointed there, as far as their management or the Federal Chancellery is responsible for the decision in the personal, social or organisational matters of this group of persons is responsible,

6.

in the case of the exchange of information and experience of the equal opportunity officers in accordance with Article 25 (5), the security provisions applicable to the Federal Intelligence Service must be observed,

7.

A vote by the Equal Opportunity Officer of the Federal Intelligence Service, which he has made pursuant to sections 25, 27 and 32, must be submitted to the Federal Chancellery, to the extent that decisions are taken in the Federal Chancellery for the Federal Intelligence Service and the Equal Opportunity Officer of the Federal Chancellery is not to be involved in that regard,

8.

§ 32 (4) and § 38 (1) sentence 4 shall not apply;

9.

the equal opportunity officer shall require the office of the service to be held, if, in the case of § 35, a matter is to be treated as classified as classified,

10.

in case of special security incidents or a special situation where the Federal Intelligence Service is wholly or partially affected, the rights and duties of the Equal Opportunities Officer shall be laid down; in agreement with the head of the Federal Chancellery or the head of the Federal Chancellery, respectively.

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§ 38 Statistics, Regulation empowerment

(1) Every office shall cover every two years the number of all women and men employed in the office and the number of women and men according to the following criteria:

1.

individual areas in accordance with Section 3 (2),

2.

Full and part-time employment,

3.

Use of a leave of absence due to family or nursing tasks,

4.

Application, recruitment and career advancement,

5.

professional advancement of employees who have taken leave of leave due to family or nursing duties and those employees who have not taken advantage of such measures,

6.

the number of supervisor or line functions in full-time and part-time employment.

The data set out in points 1 to 3 and 6 of the first sentence shall be recorded at 30 June of the reference year, the data set out in points 4 and 5 of the first sentence for the period from 1 July of the previous year to 30 June of the reference year. The data of the subordinated federal authorities as well as those of the indirect federal service are to be reported to the top federal authority or the top supervisory authority by 30 September. Until 31 December, the Federal Statistical Office shall inform the Federal Statistical Office of its own data, the combined data of the respective business unit and the aggregated data of the indirect data of the Federal Statistical Office, which are subject to legal supervision. Federal administration. (2) Each supreme federal authority annually records the number of all women and men employed in the top federal authority, as well as the number of women and men according to the following additional criteria:

1.

the higher-service career group,

2.

individual levels with executive or managerial responsibilities, including the political management offices,

3.

Full and part-time employment, including for employees with executive or managerial responsibilities,

4.

Use of a leave of absence due to family or nursing tasks,

5.

career advancement.

The data set out in points 1 to 4 of the first sentence shall be recorded at 30 June of the reference year, the data set out in point 5 of the first sentence for the period from 1 July of the previous year to 30 June of the reference year. The Federal Statistical Office has to report to the Federal Statistical Office by 30 September. (3) The Federal Statistical Office shall draw up a report on behalf of the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth.

1.

every two years statistics on the data of the services (gender equality statistics) collected in accordance with paragraph 1, and forward these statistics to the supreme federal authorities,

2.

an annual index from the data of the supreme federal authorities (equality index) collected in accordance with paragraph 2 and published it by 31 December each.

(4) The Federal Government shall, without the consent of the Federal Council, regulate the individual requirements for the collection and communication of the statistical data without the consent of the Federal Council. Human resources statistics in accordance with the Finance and Personnel Statistics Act as amended by the February 22, 2006 Notice (BGBl. 438), most recently by Article 1 of the Law of 22 May 2013 (BGBl). 1312), has to be taken into account. The legal regulation in accordance with the first sentence restricts the circle of departments subject to the obligation to participate in the necessary. The legal regulation may also include provisions on the content, preparation and annual updating of the annexes to the regulation.

Footnote

(+ + + § 38 (1) sentence 4: For application, see § 37 No. 8 + + +) Unofficial table of contents

Section 39 Report

(1) The Federal Government shall submit to the German Bundestag every four years a report on the situation of women and men in the services in accordance with Section 3 (5) (Report on the Federal Employment Equality Act). The basis of the report shall be the data collected in accordance with § 38 (1) and (2). The highest federal authorities have the necessary information to do so. (2) The report shows the extent to which the objectives of this law have been achieved and the law has been applied. It has exemplary equality measures for individual departments. The report shall not contain any personal data. (3) The report shall be drawn up by the Interministerial Working Group of the Equal Opportunities Officer of the supreme federal authorities. Unofficial table of contents

Section 40 Transitional provisions

(1) The equality plan referred to in Section 3 shall be drawn up for the first time as at 31 December 2015. This does not apply if the period of validity of the equality plan is still more than two years on 1 May 2015. (2) The data to be collected for the first time for the gender equality statistics in accordance with § 38 (1), first sentence, number 1 to 3 and 6 shall have the reference date 30. June 2015, the data referred to in § 38 (1), first sentence, number 4 and 5, refer to the period from 1 July 2013 to 30 June 2015. The data to be collected for the Equality Index for the first time in accordance with § 38 (2) Sentence 1 (1) to (4) shall have the date of 30 June 2015, and the data referred to in Article 38 (2), first sentence, point 5 shall relate to the period from 1 July 2014 to 30 June 2014. 2015. (3) Before 1 May 2015, Equal Opportunity Officer, Deputy and Confidence Women remain as Equal Opportunities Officer, Deputy and Confidence Women in the Office. New elections for the non-occupied offices of the deputies pursuant to § 19 (4) shall take place without delay in services with large areas of responsibility or complex tasks.