The Kalanke ruling: Gender equality in the European labor market

The state of Bremen in Germany created a positive action law for women in under-represented areas of the state employment market. This note describes the facts that lead up to the ruling in Kalanke v. Freie Hansesetady Bremen and critiques the decision of the ECJ. Since the Court's reasoning lacks depth and precedence, the note also examines the opinion of the Advocate General to explain the possible reasoning behind the decision. The note scrutinizes the degree of cohesiveness between the Kalanke ruling and subsequent decisions by the ECJ and gauges the reactions of the European market. The note proposes statutory language designed to remedy the situation created by Kalanke.