Facts
On December 30, 1994/October 23, 1995, several kindergarten teachers from the municipality of Däniken filed a lawsuit against the Canton of Solothurn and the municipality of Däniken. They claimed that their salary (salary class 14) was gender discriminatory and demanded back pay and compensation corresponding to salary class 17.
The Administrative Court partially upheld the claim and obliged the municipality to pay the plaintiffs a salary corresponding to salary class 15 from January 1, 1996. The municipality of Däniken then filed a constitutional appeal due to a violation of municipal autonomy.
Considerations
The Federal Court dismissed the appeal. It found that the municipalities in the Canton of Solothurn have lost their autonomy in setting the experience levels for kindergarten teachers. The cantonal law regulates the experience-based salary increments in a binding manner, so that the municipalities no longer have any discretion in this regard.
The municipalities still have the possibility to assign kindergarten teachers to salary classes 14 or 15. However, since the Administrative Court has assessed the classification…