Pay Equality Lawsuit by Kindergarten Teachers against the City of Zurich

Facts

The City of Zurich and the Canton of Zurich were sued by kindergarten teachers and the Swiss Association of Public Service Personnel (VPOD) for pay discrimination. The plaintiffs demanded pay equality with primary school teachers. The Administrative Court of the Canton of Zurich partially upheld the complaint and obliged the City of Zurich to pay raises.

The City of Zurich appealed this decision to the Federal Court. The Federal Court dismissed the appeal and confirmed the decision of the Administrative Court.

Considerations

The Federal Court examined the question of whether the pay discrimination of kindergarten teachers by the City of Zurich existed. It found that the City of Zurich paid kindergarten teachers less than primary school teachers, although the working hours and requirements for kindergarten teachers were not substantially lower.

The court found that the City of Zurich had not refuted the presumption of discrimination and that pay discrimination of kindergarten teachers existed. It confirmed the decision of the Administrative Court, obliging the City of Zurich to pay raises for kindergarten teachers.

The Federal Court emphasized that the assessment of whether discrimination exists involves both factual and legal questions. It found that the City of Zurich bears the burden of proof for the…