With the foundation of the European Economic Community in 1957, the prohibition of gender discrimination in payment was stipulated in Art. 119 of the Treaty. Nearly 20 years later, the first EU Directive on gender equality No. 76/207/EEC followed on 09.02.1976. Art 2 (4) of this Directive already foresaw Positive Action as an exemption to the equal treatment principle. 

In Germany in the late 1970s, Positive Action measures in favour of women were taken starting, initially summarised under the name of “promotion of women”. In substance, this was about programmes like “women in male professions”. Thus, following those long-term programmes, promoting women was also initiated in universities and States’ administration. Due to this process, the term “equality policy” was created. 

In 1984, the Council of the European Community published a recommendation for the then ten Member States to incorporate Positive Action as a policy. The Council emphasised the importance of proactive actions and elaborated the necessity of Positive Action. Also, the recommendation included aspects which were supposed to be considered by the Member States when taking Positive Action measures. However, this recommendation did not have any noticeable impact.

It was only in 1994 that the aim of promoting women was legally enshrined in the Federal Women’s Promotion Act in Germany. This Act was still solely focusing on the promotion of women. Due to the lack of implementation, this Act was later replaced by the Federal Gender Equality Act (Bundesgleichstellungsgesetz – BgleiG). 

Also in 1994, the Federal Advisory Bodies Act (BGremBG) was passed in Germany which has been amended profoundly since then. The Act aimed to improve the equal participation of women and men in federal public bodies. In 2001, the Federal Gender Equality Act (BGleiG) replaced the Federal Women’s Promotion Act of 1994.

Despite these Acts and the unilaterally binding agreement between politics and economy to increase the proportion of women in higher positions from 2001, women are still not treated equally and are underrepresented in many fields of the Federal public service. This is the case particularly in leadership positions. The still ongoing structural disadvantages of women are the main reason for this. 

Finally, in 2015, the Act on Equal Participation of Women and Men in Leadership Positions was passed, which has amended several existing Acts as well as the BGleiG and the BGremBG.