The Court held that it was in breach of the right to equal treatment enshrined in the German constitution that periods of maternity leave (which affects women only) were not counted towards certain pension benefits whereas periods of sick leave (which affects both men and women) were. English translation of 1 BvR 1409/10 available here.)
In Anderson v. S.D. Retirement System, the plaintiff sought survivor spouse benefits from the South Dakota Retirement System after the death of her wife, a long term partner, who had been a member of the system. The wife retired in 2012, when same-sex marriage was not legally recognized in South Dakota. Following the Supreme Court’s decision in Obergefell v. Hodges in 2015, the couple legally married.
In Fabian v. Hospital of Central Connecticut (2016), the plaintiff, a transgender woman and orthopedic surgeon, alleged that the Hospital of Central Connecticut rescinded a job offer after she disclosed her gender identity. She claimed that they violated Title VII and the Connecticut Fair Employment Practices Act.
Law 24/2022, of November 25, 2022, amended Article 215 of the General Law of Social Security to ensure the effective recognition of social service rendered by women when accessing partial retirement pensions, achieving the same effects as early retirement.
