In European Economic Community law, Positive Action played a role, especially when it came to equality between men and women. The Directive 76/207/EEC “on the implementation of the principle of equal treatment for men and women as regards to access to employment, vocational training and promotion, and working conditions” from 1976  already stipulated in Art 2  (2) a possible exemption in favour of Positive Action. This Directive ceased to be in force due to the founding of today’s European Union. Its purpose, however, was stipulated and expanded in Art 157 (1) Treaty on the Functioning of the European Union in view of “ensuring full equality”. In light of equality between men and women, the concept of Positive Action is directly stipulated in European Union primary law. 

Because men are the traditionally dominant gender, they are typically rather preferred than disadvantaged in the employment field. For this reasons, Positive Action is applied in favour of women. But that does not mean that Positive Action cannot be taken in favour of men. This is especially relevant in professional groups with an underrepresentation of men and, in which, there are indicators that men really do have less opportunities. They can benefit from Positive Action. 

In the following, the historical development of equality of women will be summarised and the case law development will be demonstrated. Furthermore, the Federal Gender Equality Act and the Act on Equal Participation of Women and Men in Leadership Positions will be presented.