Pensionsversicherungsanstalt v. Kleist
The plaintiff in the original proceeding was employed as chief physician for defendant, a pension insurance institution. She was terminated pursuant to a policy requiring termination of all employees, both men and women, upon reaching the age at which they could draw a public retirement pension (in the case of plaintiff: 60 years of age). The plaintiff argued that the termination policy was discriminatory because, under the pension statute, women were able to draw a pension at an age five years younger than men; thus, requiring their termination five years earlier.