German court says women not discriminated by male words
Alexander Pearson with dpa
March 13, 2018
A German woman sued her bank after it refused to call her "Kundin" (female customer) rather than "Kunde" (male customer). But Germany's highest civil court has said the bank did not discriminate against her.
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Germany's Federal Court of Justice (BGH) on Tuesday rejected an appeal by an 80-year-old German woman who had sued her bank for failing to address her with female versions of common titles.
Plaintiff Marlies Krämer has pledged to take the case to Germany's constitutional court and, if necessary, to the European Court of Justice (ECJ).
Krämer is a resident of the southwestern city of Saarbrücken and a customer of Sparkasse, one of Germany's largest banks.
She sued Sparkasse at a local administrative court after complaining about the bank's use of male versions of titles in correspondence with her. She said she had "a constitutional right to be recognized in speech and writing as a woman."
The administrative court rejected Krämer's lawsuit in February 2016. A regional court rejected her subsequent appeal in March 2017.
On Tuesday, the BGH ruled in favor of the previous verdicts. The three male judges and two female judges said the state's gender equality law did not give a woman the right to be addressed with the female form.
The standard male form, they argued, could be used to address women without discriminating against them.
Want to work in Germany? Learn these 11 words first. Yes, bureaucracy is one of them.
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Büro(kratie)
Not everyone works in an office, but if you do in Germany, it's called a "Büro." Of course, Büro is not far from "Bürokratie" (bureaucracy), and some offices in Germany certainly live up to their stereotype of putting things in boxes rather than thinking outside of them. That can lead to plenty of "Amtsschimmel," which literally means office mold, but refers to red tape. Where are the scissors?
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Chef
Every worker in Germany has a "Chef." That's their boss and no he doesn't cook for them. If the boss is female, she's called a "Chefin." The word is a challenging "false friend" for German learners of English. But wouldn't we all love to have a personal cook? That luxury is reserved for the top executives - who don't have Chefs.
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Telko
Good communication is key to getting the job done, right? But in the modern, globalized world, not everyone you need to communicate with is in your office building. For many of today's workers, telephone conferences are an everyday routine. Since the Germans love to shorten words by taking the first syllable of each part, a "Telefonkonferenz" becomes a Telko.
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Gleitzeit
"Gleitzeit" - which could literally be translated as "slipping time," is a dream for everyone who's not a morning person. It's flexi-time. While your co-workers are sipping their third coffee at 9:59 am, you can waltz into the office just as core time begins. As long as none of you co-workers scheduled an 8:00 Telko.
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Kantine
Eating a hot lunch is very important in Germany. Many workplaces offer a "Kantine," or cafeteria, where you can fill up on traditional dishes like stews, dumplings or sausage - and catch up on the latest office gossip. If you're watching your waistline, it might be a good idea to bring your own lunch. Either way, when a German sees you eating, they'll likely say: "Mahlzeit!"
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Quereinsteiger
In Germany, it's common to find a job in the field you've been trained in - and stay in that field. It can be difficult to switch, since many employers expect diplomas and certificates in their line of work, whether it's communications or IT. For those who manage to leap from one field to another, there's a special word: "Quereinsteiger" (literally, sideways boarder).
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Ausgleichstag
Been doing a lot of overtime lately? Then it's time to cash it in and take an "Ausgleichtag," or compensation day. If you've just got one day, you can only spend it at the beach if you live on the northern coast. But if you've collected two or three days off, that's plenty of time for a quick trip to a sunny place. Just leave your mobile at home.
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Betriebsrat
Fairness is a priority in the German workplace and every company is required to have a "Betriebsrat" (workers' council) comprised of one or more employee advocates. They liaise with the management to make sure things are running smoothly. Thinking of running for public office? The Betriebsrat might be a good place to start.
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Gleichstellungsbeauftragte
The term used for "equal opportunity commissioner" is much longer than the word for boss. But beyond the impressive title, it's an important part of keeping the workplace fair. These individuals sit in on job interviews and make sure women, those with disabilities and other minorities have the same chances as everyone else.
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Elternzeit
What translates as "parent time" is more like "kid time." Germany's birthrate is so low that it motivates potential parents to indeed produce future tax payers by offering them special incentives. 12-14 months of paid leave, or "Elternzeit," are available to new parents, and you are even guaranteed a job at your company up to three years after birth. Now if those aren't convincing reasons...
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Feierabend(bier)
All good things come to an end (even the work day). In Germany, that's when the party starts (even for the Chancellor). The end of your work day is called "Feierabend" - the "party evening." For night workers, "Feierabend" could start at 6:00 am. There's even a special word for the cold adult beverage enjoyed after the work day: "Feierabendbier." And what time you drink that beer is your business.
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Why this matters: Feminists in Germany have criticized the German language for what they say are the subtle ways in which it discriminates against women. In response, some linguists have called for officials and the public to use female versions of common titles when referring to women. But the use of female forms is controversial. Some critics have denounced the linguistic changes as extreme "political correctness," while others have said they create awkward formulations.
How do you feminize a male title in German? The German language allows a speaker to create the female form of many titles by adding "-in" on the end of male words. Examples include: "Richter" (male judge) and "Richterin" (female judge), "Kampfpilot" (male fighter pilot) and "Kampfpilotin" (female fighter pilot), and "Nuklearwissenschaftler" (male nuclear scientist) and "Nuklearwissenschaftlerin" (female nuclear scientist).
Berlin is known worldwide for being Germany's party hotspot, with Hamburg and Cologne close behind. But before you head out on the town, learn these 10 words.
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Feierabend
Ready to head out for a night on the town? First thing's first: You have to get off work. The Germans actually have a word for the act of ending a work day: Feierabend literally means "party evening." Even though not every workday culminates in a party (sadly), having a Feierabend is certainly a prerequisite for one - unless you're a professional DJ, of course.
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Aufbrezeln
After work, it's worth stopping at home first to freshen up. If you're planning a more upscale evening, it's best to "pretzel up" - that is, aufbrezeln. High heels and a touch of lipstick - or a clean shirt, at the very least. After all, you never know who you might meet later on.
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Vorglühen
When you're heading out with a group, it can be fun - and cheaper - to get a head start on the blood alcohol boost. Drinking before the party is called vorglühen - literally, pre-glowing. While German beer is beloved everywhere, it hasn't yet been known to make anyone ignite, but after a bottle or two on an empty stomach, you can start to feel like a star.
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Wegbier
If you take your pre-party drink with you, it's called a Wegbier - a beer for the road. In Germany, it's legal to drink alcohol in public, as long as you behave yourself. That doesn't make it classy however.
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After-Job-Party
Throughout Germany, weekday events known as "After-Job-Parties" have become a trend. What sounds like a retirement bash is actually a post-Feierabend shindig for 30- and 40-somethings without the pre-party aufbrezeln ritual. (Read the previous slides if you didn't understand that one.) A more apt term would have been "After Work Party."
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Türsteher
If you're heading to a club - especially in a hip district of a big city like Berlin or Hamburg - you'll have to get past the bouncer first. Here he's called a Türsteher, or door stander - which doesn't sound quite as dangerous as the English version.
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Auf ex
If your German friends tell you to drink your adult beverage auf ex, then you'd better be prepared for the consequences. The expression may come from Latin, but there's nothing academic about it. It simply means: Empty your glass in one go.
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Dämmerung
It's the moment between day and night, or between night and day - beginning and end all wrapped up in one word. Just before sunset comes twilight - or Dämmerung, like here in Frankfurt. That's when the party is just getting going. And if it's an exciting night, chances aren't bad that it will end during Dämmerung as well: Germans use the same word for dawn.
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Nachtschwärmer
The time between twilight and dawn is when "night swarmers," as they're known, come out of their offices and homes and buzz through the trendiest bars, pubs and clubs in town. While local residents might curse them as a noisy plague, they're a welcome source of income for kiosk owners and taxi drivers.
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Kater
If you wake up with a "cat" the next morning, we're not talking about furry felines. Kater is the German word for tomcat, but it also means "hangover." The origin of the word is twofold. While the chemical effects of alcohol can lead to feline-like moans, it may also stem from the Greek word for a cold, katarrh. But the day after, who cares what it's called - as long as aspirin is within reach!
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Who is Marlies Krämer? Krämer is a veteran of legal fights over the German language. She refused to own a passport in the 1990s until she was allowed to sign it as the document's "Inhaberin" (female owner) rather than its "Inhaber" (male owner). She later succeeded in collecting enough signatures to convince meteorologists to also use female names for high pressure weather patterns. They had previously only used female names for low pressure weather patterns.
What happens next? Krämer said she would appeal Tuesday's verdict at Germany's constitutional court and, if that fails, appeal to the highest EU court, the ECJ.
A selection of German 'non-words of the year'
Each January, a jury of linguists chooses a derogatory buzzword popularized through public discourse. The initiative is meant to raise critical awareness of language use. Here are some examples.
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'Pushback'
The term refers to the different measures applied to force migrants and refugees back over a border, usually right after they have crossed it, without giving them any chance to apply for asylum. Pushbacks violate EU and international law and human rights conventions, but Poland legalized them in October 2021, leading Germany's Non-Word of the Year organization to pick the term for 2021.
Image: Policja Podlaska/REUTERS
'Corona dictatorship' and 'return sponsorships'
Many anti-lockdown protesters compared the restrictive measures to curb the spread of the coronavirus to a dictatorship. That, however, downplays the experience of people persecuted by actual dictators, which is why the expression was chosen as Germany's Non-Word of the Year 2020. "Return sponsorships," referring to an EU scheme freeing members states from taking on migrants, was also selected.
Image: Sebastian Kahnert/dpa/picture alliance
'Climate hysteria'
According to scientists, the bushfires that ravaged Australia last year were just an example of what is to come if we allow world temperatures to continue to rise. Yet those who take the experts' warnings seriously are accused of "climate hysteria." The discrediting expression was chosen as Germany's Non-Word of the Year 2019.
Image: Getty Images/B. Hemmings
'Anti-deportation industry'
The 2018 Non-Word of the Year was a right-wing slight on lawyers and activists who it is claimed — somewhat misleadingly, according to the jury — are making money out of support for deportees. Here, a protester holds up a "No Deportation" sign at Düsseldorf Airport in January 2018 during a rally by refugee initiatives against the collective removal of asylum-seekers to Afghanistan.
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'Alternative facts'
The jury of language critics chose 'alternative facts' ("alternative Fakten") as its 2017 "Unwort des Jahres." The jury argued that the term is a misleading expression for the attempt to make using false claims publicly acceptable. The term was first used by a White House spokesperson to defend a lie relating to the size of the crowd at President Donald Trump's inauguration in January 2017.
The jury chose "Volksverräter," or a traitor to the nation, for its 2016 non-word. The linguists criticized the expression as it hinders a democracy's essential debates. The word's original roots date to the early 19th century; it was widely used during the Nazi era. Far-right individuals have also begun using the term in recent years.
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'Victim subscription'
The selection for 2012 was the term "Opfer-Abo," literally "victim subscription." The term, which refers to the idea of women using sexual assault accusations to get ahead of men, was used by Swiss TV celebrity Jörg Kachelmann after he had been accused and acquitted of rape. The jury called the phrase unacceptable, as it blanketed all women as liars and minimized the dignity of assault victims.
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'Döner murders'
Just months after police discovered the individuals behind a wave of murders of Greek and Turkish nationals, the jury selected "Döner-Morde," or "Döner murders," as its non-word for 2011. Some of the victims had either owned or had been killed in a döner-kebab food joint. The linguists criticized the term for its racist reduction of ethnicity and for its trivialization of the murders.
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'Distressed banks'
Amid the 2007-2008 financial crisis, "notleidende Banken," or "distressed banks," became the non-word of the year. According to the jury, the term turned the relationship between the causes of the crisis and its consequences on its head. Although high-risk, unregulated banking practices caused a global economic meltdown and tax payer bailouts, the term styled the banks as victims — not the cause.
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'Foreign infiltration'
While the word "Überfremdung," or "foreign infiltration," saw a renewed spurt of usage in past years with respect to migration, the jury named it a non-word back in 1993. The term previously had been used during the Nazi era, among other times. It refers to a foreign element that poses an existential threat to a nation or culture. The jury criticized the word as a fake argument against migration.