15 Sa 517/08 Landesarbeitsgericht Berlin-Brandenburg (Employment Court of Berlin-Brandenburg)

The claimant sued her employer on the grounds of discrimination after a male colleague received a promotion to a management role she had hoped for. The Court decided for the claimant, accepting statistical evidence showing that, while the majority of employees of the employer (69%) were women, no women were represented on the three most senior management levels. This was the first decision of a court accepting such statistical evidence of discrimination. This decision is now only available via subscription service. The Bundesarbeitsgericht (Federal Labor Court) overruled this decision (8 AZR 1012/08), but affirmed that statistical evidence is admissible in discrimination analyses.