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“You Sound Like A Ladies Orchestra” A Case History of Sexism Against Abbie Conant In the Munich Philharmonic (This
article has won a Best of the Web Award.) The Sections of This Article
“Your Nerves Will Never Hold Out” “We Can’t Draw And Quarter Them” “You Sound Like A Ladies’ Orchestra” “At Least Two Other Solo-Winds”
“An Unobstructed Masculine Aura”
“You Are Ordered To Play Assistant. No Discussion”
“Up To Fifteen Years In Prison” “At the Expense of the Capitol City of Munich” For
an excellently written shorter version of Abbie’s story see:
“We Need A Man for
the Solo-Trombone” by Monique Buzzarte. Foreword During the Third Reich the Munich
Philharmonic was known as “The Orchestra of the Fascist Movement”. It stamped its music with an insignia
containing those words circumscribing an eagle holding a swastika in its
talons. After the war the words were blotted out, but the swastikas were never
removed. Since the insignia was on a
number of important works, including Buckner Symphonies, tone poems by Strauss,
and waltzes used for the yearly Philharmonic Ball, the swastikas appeared
several times a year. In the summer of 1991 I wrote to city
councilwoman Monika Renner, requesting that the swastikas be removed. She answered that she shared my concern, and
that she had notified the cultural ministry, who asked the Philharmonic to
remove them. The Philharmonic wrote to me on July 10,
1991, noting that the words had already been blotted out, but ignoring that the
swastikas had never been touched. They
added: “It seems, dear Mr. Osborne, that you and
your wife try everything, in order to put the Munich Philharmonic and the
Capital City of Munich in a bad light.
In the process you feel every means is justified.” (“Es scheint, sehr geehrter Herr Osborne, daß Sie und
Ihre Frau alles versuchen, um die Münchner Philharmoniker und die
Landeshauptstadt Munchen in ein schlechtes Licht zu rücken. Dabei ist Ihnen jedes Mittel recht.”) They did not foresee that in the
following year there would be 2300 attacks on foreigners by Neo-Nazis and
seventeen racist murders. In 1994 the
number had risen to over 6000 attacks. They also denied that there was any
sexism in the Munich Philharmonic, so I’ve written this to document it and the
role Munich politicians played. It is
not my goal to embarrass anyone, but rather to enhance Germany’s wonderful
musical tradition. Their women
musicians, such as Anne- Sophie Mutter, are fantastic. I have laboriously footnoted
the facts because it is well known that social criticism is ineffective unless
it is clearly grounded. Fortunately,
court records and letters document almost all of the salient facts in this
report. AGM (Arbeitsgericht München) is an abbreviation for the Munich
Labor Court, and LAG (Landesarbeitsgericht) is an abbreviation for the
State Labor Court. If the date and
author of letters are mentioned in the text, I do not add a footnote. Copies or originals of all the documents
mentioned here, with minor exception, are in the possession of the author, and
can be mailed or faxed to those who need them. You Sound Like A
Ladies’ Orchestra Sixteen is a
woman! In 1980 Ms. Abbie Conant applied for
eleven trombone positions advertised in Germany. She received only one audition invitation: a letter from the
Munich Philharmonic addressed to a Herr Abbie
Conant.(1) She auditioned on June 19, 1980 and
competed against 32 men. The first round was held behind a screen. She was sixteenth to play and no candidates
who played after her were selected for the second round. When the finalists’ numbers were called,
there was amazement that trombone sixteen was a woman. In the second and third rounds, done without
a screen, she clearly defeated her male opponents, and the orchestra voted to
hire her. According to orchestra chairman Deinhardt
Goritski, general music director Celibidache was opposed to employing her(2),
but he was new with the orchestra and not yet in a position to overrule
it. He was, for example, still
bargaining with the city about demands he wanted, and threatening to leave if
they were not fulfilled. One change was made. In the thirteen years since then, no more
Munich Philharmonic auditions have been held behind a screen.(3) [Ed. update: It has now been 20 years without a screen being used.] The
Probationary Year: “You know the problem.” Ms. Conant passed her probation year vote
with the same success she had with her audition, and in the following years she
became known internationally for her
work as a soloist,
teacher, and performer of new music theater.
She is one of the few trombonists to make internationally recognized solo
recordings of
classical music. She has been
regularly invited as a featured soloist at international trombone conventions,
and was elected to the board of directors of the International Trombone
Association by its 4000 members. This
board is a group of top trombonists who represent the highest professional
standards. The International Trombone
Association Journal has described her as “in the first rank of world class
trombonists”.(4) [Ed. update: In 1998
she was elected
Vice President-President Elect of the
ITA.] Until recently though, European
orchestras have been a male domain. The
Vienna and Prague Philharmonics refuse membership to women.(5) The Berlin Philharmonic has three; the first
entered the orchestra in 1983.(6) The
Munich Philharmonic has 16 women out of 130 members; 12 of them play a
relatively minor role in the tutti violins.(7)
In America too, the situation, though better, is far from good. When Ms. Conant was called to a meeting on
a May morning of 1981 she assumed it was about work assignments. Instead, she was met by a small group of men
who announced, to her surprise, that the GMD wished to veto her Probejahr (trial year) vote and demote
her to second trombone. The principal speaker
for the group was the bass trombonist from her section, Robert Meissner. Mr. Celibidache should have had no
trouble firing or demoting Ms. Conant during her Probejahr. He needed only
present her with two written criticisms(8), but her Probejahr was over and she had received no criticisms at all, not
even verbally in the rehearsals.(9) She contacted the Deutsche Orchester Vereinigung (The German Musicians Union) and
they agreed to pay her legal costs if she took her employer, the City of
Munich, to court. The union explained that the litigation would last at least
five years; that during that entire time she would have to play second
trombone; and that she would have a much greater workload with less pay. (In reality the subsequent legal action lasted
twelve years.) They explained that in
continental law the accused must supply proof, and that to do so she must begin
the embarrassing task of collecting testimonials from brass playing colleagues
and guest conductors. To avoid all of this Ms. Conant spoke
with the GMD and freely volunteered to be given a second Probejahr so that he would have the opportunity to explain what
dissatisfied him. She was confident of
her ability and felt sure any problems could be cleared up. It
was a golden opportunity for Mr. Celibidache, but at the beginning of
the next season Ms. Conant played only one concert for him, and though she
received no criticism(l0), he did not allow her to play solo for him for the
rest of the year. On February 3, 1982 she received a ten-line
letter from the orchestra demoting her to second trombone--still with no
criticisms. On November 11, 1982 Ms. Conant spoke
with Mr. Celibidache and made a second attempt to reach a compromise, offering
to play second for him, but solo for guest conductors. She was particularly concerned that he had
not mentioned any problems about her playing.
He rejected the offer, saying, “You know the problem, we need a man for the
solo trombone.”(11) “Your Nerves
Will Never Hold Out” It was generally assumed that Ms.
Conant’s nerves would never hold out through the harassment and rigors of a
lengthy court battle, and so, without waiting for the outcome of the trial,
another trombonist was hired to fill her “vacated” position. Certain people left little to chance that
Ms. Conant might leave. She was warned
by an official of the orchestra, Mr. Adam Fendt, that if she carried on with
the trial the county of Munich might not renew her foreigner’s residence
permit.(l2) Ms. Conant gave up her
house and moved to another county where she eventually received a permanent
permit. In order to diminish her support within
the orchestra, the rumor was circulated that if the GMD left, possibly because
of her, a considerable raise in the orchestra’s salary would be lost. Ms. Conant was invited to a meeting on
December 15, 1982, whose purpose was described as “the avoidance of the coming
trial.”(13) She assumed this meant a
compromise, but recent events had warned her to be cautious, so she took her
lawyer to the meeting, which was attended by seven opposing men all
representing the GMD: three orchestra chairmen; the chief orchestra
administrator; a representative of the personnel office; and two members of the
personnel committee. Her lawyer asked the seven men what compromise
they were willing to offer, but none had even been prepared. Nor did they allow Ms. Conant and her lawyer
to present the compromise offer they had worked out.(14) They simply insisted that she withdraw her
case, reiterating that she “had no chance”.
One orchestra chairman, Deinhardt Goritski, pointedly stated, “Your
nerves will never hold out”. Twenty days later Mr. Goritski accused
her of refusing to come to work, leading to a disciplinary inquiry in which she
proved the accusation completely false.(15)
It was a war on her nerves. What Is the Accusation? Ms. Conant chose to go to court, and the
first hearing on August 17, 1982 did not last long. The judge could make no ruling because no specific or concrete
criticism had been presented.(16) The
briefs, for example, should have been exact descriptions of problems in
concerts. In addition, they had not given her the
legally required written warnings--which also should have contained specific
criticisms.(17) Judge Gick told the
city lawyers to specify their accusations, and set another trial date for ten
months later, June 16, 1983. In their next writing to the court on
February 3, 1983 the basis for the demotion that they gave sounds almost macho
: “The plaintiff does not possess the
necessary physical strength to be a leader of the trombone section; she is not
in the position to clearly lead the trombone group. Apart from that, she lacks
the required empathy to translate the artistic wishes of the General Music
Director” ( 18) (Die
Klagerin verfügt nicht über die physische erforderliche Kraft als Stimmführerin
der Posaunen; sie ist nicht in der Lage, die Posaunengruppe eindeutig zu
fuhren. Im übrigen fehlt der Klagerin
das erforderliche Einfuhlungsvermogen um die künstlerischen Vorstellungen des
Generalmusikdirektors umzusetzen.) In response to the accusations of inadequate physical strength it was necessary for Ms. Conant to receive testing at the Gautinger Lung Clinic.(l9) She had to breathe inside a sealed cabin and have blood taken from her ear to see how efficiently her body absorbed oxygen. She had to blow through numerous machines to measure the capacity of her lungs, and the speed at which she could inhale and exhale air. She had to disrobe and let a doctor examine her rib cage and chest. Afterwards a nurse asked her if she were an athlete. The results were far above average.
At the second trial the city
lawyers were accompanied by GMD Celibidache.
Again the briefs were without a single clear substantiated
criticism. The judge ruled testimony by
the GMD was therefore pointless.(20) The city argued, but the judge pointed
out that in any case, it would be Celibidache’s word against the forty-three recognized
musicians and testimonials from guest conductors that Ms. Conant had listed in
her brief.(21) The GMD, still unable to
make a specific accusation, was furious.
On July 6, 1983, the administration wrote Ms. Conant a letter at the
GMD’s request, stating that she was not even qualified to play second trombone. On June 16, 1983 the court gave the city
yet a third chance: “The accused is once again requested to
give details about the accusations made against the plaintiff with a
presentation of the deeds and if possible also with the dates.”(22) At the hearing on March 29, 1984 there
were still no clear examples of Ms. Conant’s alleged weaknesses. The court ruled in favor of Ms. Conant: “The suit is permissible because the change in work
assignments, due to the lack of a substantiated argument, is unjustified.” “The accused has not justified their
demotion with facts, but rather generalized value judgments.” “Above and beyond that, they do not say
when (date) the alleged mistakes happened.
They also do not mention when the plaintiff was given a warning.” “It is therefore not possible for the
court to determine what the plaintiff did wrong, or determinable whether she
took the alleged warnings to heart, or in other words, whether the mistakes were
made again after the warning.”(23) (“Die
zulässige Klage ist begrundet, da die Änderung der Arbeitsbedingunen mangels
substantierten Vortrags der Beklagten sozial ungerechtfertigt ist.” “Die
Beklagte fuhrt zu ihren Kundigungsvorwurfen im wesentlichen keine Tatsachen an,
sondern lediglich pauschale Wertungen.” “Sie
fuhrt daruberhinaus nicht an, wann (Datum) der Klagerin die behaupteten Fehler
unterlaufen seien. Sie fuhrt weiterhin
nicht an, wann die Klagerin abgemahnt worden sei.” “Es ist
somit fur das Gericht weder feststellbar, was die Klagerin falsch gemacht hat,
noch feststellbar, ob sich die Klagerin die behaupteten Abmahnungen nicht zu
herzen genommen hat, d.h. ob ein Wiederholungsfall nach der letzten Abmahnung
vorgelegen hat.”) The city appealed. “We Can’t
Draw and Quarter Them” Four years had now passed since Ms.
Conant had entered the orchestra. A new
Lord Mayor, George Kronawitter, was elected and conflicts between the GMD and
the city arose again. He objected to,
among other things, the hesitation to remove unwanted musicians and cultural
ministers. As one of the local papers, Die Abendzeitung, wrote on Nov. 14,
1984: “Even if one could take musicians who
have fallen out of grace and just put them out of action, one can’t topple over
the cultural ministers. In the halls of
the city hall it is openly said, ‘We can’t draw and quarter them, and hang them
out on the city square. “‘(24) (“War
man noch bereit, bei Celibidache in Ungnade gefallene Musiker aus dem Verkehr
zu ziehen, den Kulturreferenten kann niemand kippen. ‘Wir konnen ihn doch nicht
vierteilen und am Marienplatz ausstellen wird in den Rathaus-Gangen laut
gesagt.´”) In the winter of 1984 GMD Celibidache
abruptly left the orchestra in the middle of the season causing a scandal and
great financial loss for the city. The methods of the GMD were known from two
orchestras he had treated similarly, Stockholm and Stuttgart, but after several
weeks the city made compromises and the Maestro returned. As only four years earlier, and again at GMD
Celibidache’s request, the city fired the head orchestra administrator--after
giving him a huge payment to end his contract.
Ms. Conant remained firm in her fight. It was at this time that Anne-Sophie
Mutter, engaged as soloist, so resented the GMD’s treatment of her, that she
walked out of a rehearsal and cancelled her performances with the Munich
Philharmonic. Even years later, during
the 1991 Philharmonic tour in Madrid, he referred to her in an interview as a “geigende Henne” (a violin-playing
hen).(25) In July of 1991 a mother’s group in the
orchestra wanted to discuss tour-sharing and unpaid vacations, which are
guaranteed by their employer, the city of Munich.(26) Mr. Celibidache angrily
told them: “If you wanted children you
chose the wrong profession.” [See
"A Difficult Birth:
Maternity Leave In the Veinna Philharmonic."] And in the summer of 1988 Mr. Celibidache
removed a young woman, Anja Trautwein, (now Traub) from the concertmistress position
of the Schlesswig-Holstein festival, simply stating, “Only men on the first stands.” (“Nur Manner am
ersten Pult.”)(27) Perhaps the conductor’s general attitude
toward women can be determined from the following excerpt from an Abendzeitung interview, Nov. 10, 1984,
in which he explains his opinion of critics: “These people who daily poison
everything, should take a pause or write about gynecology. In that area everyone has a little
experience. But in music they are
virgins. So they will remain, and so
they will go into the other world, never fertilized by a single experienced
tone.”(28) (“Diese
Leute, die taglich alles vergiften, sollten einmal pausieren oder über
Gynakologie schreiben. Auf dem Gebiet
hat doch jeder ein bischen Erfahrung.
Aber in der Musik sind sie Jungfrauen.
So bleiben sie, so gehen sie auch in die andere Welt hinuber, nie von
einem wirklich erlebten klang befruchtet.”) Date
Calendars and Requiems For their appeal hearings, which began
February 15, 1985, which took three years, and during which time Ms. Conant had
to continue playing second trombone with its greater work load and less pay,
the city changed its strategy. In order
to construct specific accusations they used the orchestra date calendar to find
concerts Ms. Conant had played. The
problems they alleged were not rehearsed or mentioned in the rehearsals for
these concerts. They claimed, for example, in their brief
of September 17, 1984 that her “shortness of breath was unoverhearable” in her
repeated performances of the famous trombone solo in Mozart’s Requiem. Two orchestra chairmen, Jürgen Borchers and Ernst Faehndrich,
were listed as witnesses.(29) Embarrassingly, they had overlooked that the
guest conductor of these concerts, Yoav Talmi, had written her a glowing
testimonial, specifically mentioning the solo.(30) “The Most
Difficult Passages” Judge Starkloff, however, said he
understood nothing about music and ruled on March 6, 1985, that the matter
would be settled by a specialist, preferably a conductor, who would determine: “Whether the Plaintiff--for an orchestra
of the quality of the Munich Philharmonic --possesses unconditionally the
necessary physical strength, endurance, and durability to play the most
difficult passages according to conductors’ instructions for length, intensity,
and loudness.”(31) (“Ob
die Klägerin die für eine Solo- posaunistin eines Orchesters von Rang der
“Münchner Philharmoniker” unabdingbar erforderliche physiche Kraft, Aus- dauer,
und Belastbarkeit (= Atemkraft, Atem- volumen) besitzt, um schwierige und
schwierigste Phrasen nach den Anweisungen des Dirigenten ausreichend lange und
mit der gewünschten Intensitat sowie Starke durchzuhalten.”) To insure that a specialist of the
highest quality was found, the fee was set at 3000DM ($2200).(32) He or she was to listen to Ms. Conant play
selected passages and prepare a written report. Both sides were to supply a list of candidates from which the
judge would select one. Ms. Conant supplied a complete list of all the conductors in Germany’s
ninety-five state orchestras, and a list of several German trombone
professors.(33) The city listed no
conductors, and only two trombone professors,(34) both of who had conflicts of
interest because they were competing with Ms. Conant for a professorship at the
Munich Conservatory. In spite of the fee, the court had great
difficulties finding a conductor to judge her.
Potential candidates knew that if they ruled in Ms. Conant’s favor they
might never be invited to work with the Philharmonic. No Time After about a year, on March 3, 1986,
Professor Paul Schreckenberger of the State Conservatory in Mannheim, agreed to
evaluate Ms. Conant. The judge
recommended dates and Prof. Schreckenberger said they could be met by June 22,
1986.(35) But because of the
Professor’s and Munich Philharmonic’s repeated cancellations and delays, it set
in motion one of the hardest tests of nerves Ms. Conant had to endure. On April 22, 1986 Prof. Schreckenberger
wrote stating that the evaluation should be taped, and made in the concert hall
of the Munich Philharmonic.(36) The
city insisted that he also hear Ms. Conant in concert with the Philharmonic,
and suggested concerts on June 4 and 5, 1986.(37) Ms. Conant prepared strenuously, but shortly before these
concerts Prof. Schreckenberger said he would like to move the evaluation to
September. In the same letter he
included a list of very difficult passages he would use to test Ms. Conant.(38) Undaunted by the strenuous build up to
nothing Ms. Conant worked hard through her summer vacation, but by the end of
September there was no word at all from the professor. The city suggested
concerts for the winter and spring of 1987, but no date was set. On May 15, 1987 the city told the court
that they had spoken with Schreckenberger by telephone and that he “saw no
obstacles to fulfilling his commission in the first week of June”.(39) Ms. Conant thought the date had finally
arrived, and prepared thoroughly for rigorous testing, but on May 21, 1987 he
telephoned the Munich Philharmonic and said he could not come.(40) On July 2, 1987 he withdrew completely
saying he did not have time.(41) It had
now been two and a half years since the court decided a specialist would be
used. The court contacted one of the professors
the city had originally named, (Michael Stern)--with whom she was competing for
a professorship--but he refused on grounds of self-admitted prejudice.(43) A third professor was contacted, Heinz
Fadle, president of the Internationale
Posaunen Vereinigung. He accepted
and sent a list of seven of the most difficult passages in the trombone
repertoire. On February 25, 1988, Ms.
Conant traveled to his city and played these passages, usually three times each
with varying instructions for style, loudness, phrasing, and vibrato. The entire procedure was tape recorded and
witnessed by a city representative, Professor Rolf Quinque.(44) The audition was far more rigorous than
any orchestra audition, rehearsal, or concert; but in his court report the
professor could only speak in the most positive terms:
“She is a wind player with an
outstandingly well-trained embouchure, i.e. lip musculature, that enables her
to produce controlled tone production in connection with a controlled breath flow,
and which gives her the optimal use of her breath volume. Her breathing technique is very good and
makes her playing, even in the most difficult passages, superior and easy. In this audition she showed sufficient
physical strength, endurance, and breath volume, and above and beyond that, she
has enormously solid nerves. This,
paired with the above mentioned wind playing qualities, puts her completely in
the position to play the most difficult phrases in a top orchestra, holding
them out according to the conductor’s ‘directions for adequate length and
intensity, as well as strength.’”(45) (“Sie
ist eine Blaserin mit hervorragend ausgebildetem Ansatz - d.h.
Lippenmuskulatur, die kontrollierte Tonproduktion in Verbindung mit
kontrolliertem Atemfluß ermöglicht, welche ihr optimale Ausnutzung ihres
Atemvolumens erlaubt. Ihre Atemtechnik
ist sehr gut und macht ihr Spiel auch bei schwierigsten Passagen uberlegen und
leicht. Physische Kraft, Ausdauer und
Atemvolumen hat sie bei diesem Vorspiel hinreichend beweisen konnen - darüber
hinaus eine enorme Nervenkraft. Diese,
gepaart mit ihren obengenannten bläserischen Eigenschaften, setzen sie durchaus
in die Lage, in einem Spitzenorchester als Soloblaserin schwierigste Phrasen
nach ‘Anweisung des Dirigenten ausreichend lange und mit der gewünschten
Intentsität sowie Starke durchzuhalten.“) For
a second time, on July 1, 1988, the courts ruled in Ms. Conant’s
favor.(46) After eight years in the
orchestra, and six in court; after attempts at compromise, and examinations by
doctors; after numerous legal hearings, and harassment by colleagues; and
finally after examination by a trombone specialist, she
was reinstated in her solo position. The Second
Gauntlet This was, however, only the beginning of
a new round of harassment and court cases.
The city of Munich would still not treat Ms. Conant equally with her 15
male solo-wind colleagues. They began by refusing to pay her as
solo-trombonist, and refusing to deliver her back pay until they received the written
judgment.(47) These decisions were made
after discussion with GMD Celibidache.(48)
They knew the judge was slow, and that the document would not justify an
appeal, but that the delay would prevent her from starting trials for equal
treatment.(49) Judge Starkloff, who had
already taken three years with the case, took an additional two years to
prepare the written judgment. It was
three pages long. It arrived on August 14, 1990. The Munich Philharmonic then placed Ms.
Conant--the only woman solo wind--in a lower salary group than all fifteen of her male
colleagues.(50) She was placed in
salary group III, and all the men in group IV. The higher grouping for Ms.
Conant had to be approved by GMD Celibidache.(51) He also excluded only her from automatic maximum seniority that was granted in 1987 to all her male colleagues.(52) These colleagues, with the same status as Ms. Conant, were paid over 1100DM ($800) per month more than she was.(53)
Due to the extra work required
of tutti players, she was obligated during years of litigation to do the
equivalent of two years extra work.(54)
And finally, even after regaining her position, GMD Celibidache refused
to let her play solo, and used loopholes in the contract to force her to
regularly play second and assistant to her male colleagues.(55) None of her 15 male solo-wind colleagues had
to play these positions under similar circumstances.(56) With these actions it was assumed she would
eventually leave the orchestra. “You Sound Like a Ladies’ Orchestra!” Ms. Conant did not know that she was placed in a lower pay group
than all of her male solo-wind colleagues,(57) and only found out during trials
to receive the seniority payment her colleges received in 1987.(58) Ignorant of the facts, she cancelled a
hearing set for August of 1990, and attempted to reach a friendly
settlement.(59) After regaining her solo position the city had three
solo-trombonists and no second. She
spoke with the other two solo trombonists, Dankwart Schmidt and Dany Bovin, and
they agreed all three would equally share the work of second, if she would be
given equal treatment.(60) The city
could thus avoid hiring an additional trombonist. But before an agreement with the city
could be discussed Mr. Schmidt decided to play second full time, without
conditions. She asked Mr. Schmidt why, and he said the orchestra chairmen had
put him under a great deal of pressure.
They were not interested in a permanent solution, but in having a
temporary second until Ms. Conant left due to discrimination. Ms. Conant requested the orchestra
chairmen not to require her to play lower positions. They refused. While she
was speaking with chairman David Moltz, a colleague who was not aware of what
was being discussed, walked up and told a joke: “Do you know what the difference between
a woman and a toilet is? You don’t have
to kiss a toilet when you’re through with it.”(61) Mr. Moltz laughed heartily and walked
off. On July 12, 1990 she wrote to the Frauengleichstellungsstel1e (the
Women’s Equal Treatment Office)--even though it is part of the Munich
government she was opposing, and requested help to receive equal pay and equal
work assignments. The director, Ms. Schreyögg, who is also
a chairman of the ruling Social Democratic Party (SPD), wrote back on July 27,
1990 without addressing the two questions, saying only that they could do
nothing, since it would take “supernatural powers” to change a “self-contented
patriarch” like GMD Celibidache. She recommended
Ms. Conant “wait until a more woman-friendly conductor takes over the rudder. (“bis ein neuer frauenfreundlicher GMD das
Ruder übernimmt.”) In a personal interview on September 10,
1990 Schreyögg said the situation was difficult because GMD Celibidache
threatens to leave when things don’t please him. She said she would discuss the matter with Lord Mayor Kronawitter
and recommended Ms. Conant write him. On October 15, 1990, Ms. Conant’s husband
wrote to Mayor Kronawitter (SPD), asking him to help her receive equal
treatment. He mentioned that GMD
Celibidache had justified Ms. Conant’s demotion with the declaration, “You know
the problem, we need a man for the solo trombone.”, and that as recently as
April of 1990 GMD Celibidache had sarcastically insulted the Munich
Philharmonic with the words: “You sound like a ladies’ orchestra!” (“Sie
klingen wie eine Damen Orchester.”)(62) Her husband included over 200 pages of
programs and reviews documenting Ms. Conant’s qualifications, including the
testimonials she used in court when regaining her position. Among the authors
were: Kurt Masur, GMD of both the New York Philharmonic and the Gewandhaus
Orchestra in Leipzig; Hans Stadlmair, GMD of the Munich Chamber Orchestra; Mats
Liljefors, GMD of the Swedish Chamber Orchestra; Othmar Maga, GMD of the Seoul
Philharmonic; Christopher Keene, GMD of the New York City Opera; and Yoav
Talmi, GMD of the San Diego
Symphony.(63) In November 5, 1990, hoping this
information would help lead to the friendly settlement--and still not knowing
she was being paid less than all her male colleagues--Ms. Conant and the union
lawyer met with the Personnel Office of the City of Munich, and the
administration of the Munich Philharmonic, to request the same seniority
payment that her colleagues received in 1987.
Both offices refused. On December 5, 1990, Lord Mayor
Kronawitter answered her husband’s letter and said he understood that
statements by GMD Celibidache about the need for men in solo positions and
ladies’ orchestras could be offensive to women. He said he would make some inquiries and write again. The Lord Mayor never wrote back with the
promised response. Due to a statute of limitations it became necessary for Ms.
Conant to give up the attempted friendly settlement, and reopen her court case
against the City of Munich--represented by Lord Mayor Kronawitter--to receive
equal pay.(64) “At Least Two
Other Solo-Winds” The first hearing was on January 23,
1991. The city’s brief, written by
Stadtdirektor Leonti and dated January 23, 1991, took advantage of Ms. Conant’s
confusion, by falsely claiming there were other solo-winds in her pay group
III: “The fact is the solo-instrumentalists
are categorized through-out in different pay groups. This applies also to the solo-winds, of whom at least two others
are also placed only in pay group III of the Munich Philharmonic pay
scale.”(65) (“Vielmehr
verhalt es sich so, daß die Solo-instrumentalisten vom Gehalt durchaus unter-
schiedlich eingestuft sind. Die gilt
auch fur die Soloblaser, von denen zumindest zwei ebenfalls nur nach
Vergutunqsgruppe III des Tarifvertrags der Munchner Philharmoniker bezahlt
werden.”) They could not list proof from their own
records as employer, since it was untrue.
Instead, they listed a false declaration made on January 3, 1991 by the
orchestra chairmen of the Munich Philharmonic.(66) Judge Mack, who also thought it was only
a question of equal pay with the older colleagues, still felt the situation was
scandalous. She said she took no
responsibility if the story came into the press; strongly recommended that the
city compromise; and set a new trial date to give them time to work one out. At the next hearing on March 8, 1991 the
city offered to give Ms. Conant salary group IV, but not the seniority level
that all her male colleagues received in 1987.
She rejected the offer. She
still did not infer that only then would she even be in the same pay group as
her younger colleagues. “Indecent
Treatment” Ms. Conant still hoped the Lord Mayor would help, and wrote him on
January 31, 1991, mentioning Mr. Celibidache’s remarks about “gynecology” and
“virgins,” and the orchestra chairman finding jokes about women and toilets
humorous. She asked him to spare her
the additional years in court to receive equal treatment. On March 14, 1991 he wrote and refused. He justified himself by writing: “Please
understand I can’t interfere in a pending case.”, although he knew about the
situation at least five months before the
trials started.(67) It was well remembered in the city hall that GMD
Celibidache might leave--as in 1984--if decisions were made he didn’t like. In their brief of April 22, 1991 the city
presented a dissembling explanation of the pay categorizations.(68) The wording made Ms. Conant suspicious. She made inquiries and discovered she was in
a lower pay group than all l5 of her male colleagues. On May 13, 1991 her lawyer notified the court.(69) In the hearing on June 7, 1991, the judge
said the city’s treatment of Ms. Conant was “indecent”
(“unanständig”).(70) She ordered that
Ms. Conant be put in the same pay group as her 15 male colleagues because the
equal treatment laws had been broken (“wegen
Verletzung der Gleichbehandlungsgesetz”).( 71) She ruled, however, that Ms. Conant could
not receive the same seniority group that all her male colleagues received in
1987, because it would have been necessary for the union representing Ms.
Conant to request GMD Celibidache’s criteria for the seniority payment, and to
require the city to prove that in 1987 all of her male colleagues were
evaluated on that basis. The union
didn’t request the information in spite of repeated explanations from the
court.(72) The orchestra chairmen were
opposed to its release.(73) The judge told Ms. Conant she would like
to rule differently, but couldn’t, adding, “Don’t say this ruling is quite as
bad as your employer.” (Sagen Sie
nicht, die Rechtsprechung sei genauso schlimm wie Ihr Arbeitgeber.”)(74) She warned that breaking the equal rights
laws would be very embarrassing, and gave the city and orchestra a last chance
to make an out of court settlement.
They refused. On October 28, 1991 her story appeared in
a three-page article in Der Spiegel,
Germany’s largest news magazine, and caused an international scandal. Since then the story appears regularly in
the international press.(75) “An Unobstructed Masculine Aura” The city began efforts to cleanse Mr.
Celibidache’s reputation. On June 28,
1992 Lord Mayor Kronawitter presented Celibidache with an award naming him an
“Honorable Citizen” (Ehrenbürger) of
Munich. And in the orchestra’s
February/March 1992 edition of the Philharmonische
Blätter, tutti cellist and former orchestra chairman Jorg Eggebrecht, made
an official denial that GMD Celibidache is a sexist: “There can be no discussion that the
Maestro is a sexist.” “Sergiu Celibidache is an extraordinary
European, so impressive, because in him an unobstructed masculine aura is
projected that is not corruptible. And the world is in great need of this,
because we live in a fatherless society, a world without standards in that
point. And there he is, such a man, who
does not allow himself to be corrupted and quite openly expresses-especially during
concerts--, what is happening inside him, and that is naturally a deeply moving
vision. Listeners and performers can still experience music with him as a
‘revelation’.”(76) (“Es
kann keine Rede davon sein, daß der Maestro frauenfeindlich eingestellt ware.” “Sergiu
Celibidache ist ein außerordentlicher Europäer, so eindrucksvoll, weil in ihm
eine unverstellt maskuline Strahlung zum Ausdruck kommt, die nicht
korrumpierbar ist. Und dieses hat die Welt
sehr notig, denn wir leben in einer vaterlosen Gesellschaft, einer Welt ohne
Maßstabe in diesem Punkt. Und da ist
ein solcher Mann, der sich nicht korrumpieren laßt und der ganz offen zum
Ausdruck bringt - gerade wahrend des Konzertes -, was in ihm vorgeht, natürlich
eine tiefbewegende Erscheinung. Zuhörer
und Auführende konnen mit ihm Musik noch als Offenbarung erleben.”) These statements about the “necessity” of
an “incorruptible masculine aura” in a “fatherless society”, and of Mr.
Celibidache’s work being a “revelation” were published by the cultural ministry
of Munich. There was no explanation or
apology for his many sexist statements.
And there was no explanation for why Ms. Conant was placed in a lower
pay group than all 15 of her male solo-wind colleagues. Ms. Conant released the union lawyer
because he failed to write the seniority briefs, and because he works closely
with the orchestra chairmen. Also, the
lawyer working with the union in her earlier trials did not write, nor advise
her to write, the necessary letters to counter a statute of limitations,
causing her to permanently lose about 40,000 DM ($30,000) in back pay.(77) She used her private legal insurance to
obtain a lawyer specializing in sexual discrimination, and appealed the part of
the decision concerning seniority. The
city appealed the entire decision, and tried to keep her in the lower pay group
than all 15 of her male colleagues.(78) On February 5, 1992 Ms. Conant’s husband
wrote to Frau Schreyögg of the city’s Women’s Equal Treatment Office and asked
her to state a position about the city’s appeal. She did not answer. The
Green Party Vice Mayor, Sabine Csampai, also did not answer any of the letters
Ms. Conant sent to her. Lord Mayor
Kronawitter’s excuses for not intervening “in a pending case” were now
completely gone. He was appealing to
keep her in a lower pay group than all 15 of her male solo-wind colleagues. “You Are
Ordered To Play Assistant. No Discussion.” It had been four years since Ms. Conant regained her position, and
had not resigned. The pressure through
discriminatory work assignments was increased.
During the Asian tour of October 1992 a stage manager told her she was
assigned to play assistant first. She
asked if someone was sick. He said no. A solo-horn, Eric Terwilliger, who was
standing nearby said, “Don’t do it.
None of us have to, why should you?”
Ms. Conant told the stage manager she wouldn’t play. Later, orchestra chairman Deinhardt
Goritski and the orchestra’s highest administrator, Mr. Norbert Thomas, walked
up to Ms. Conant. Mr. Thomas said
harshly, “You are ordered to play assistant.
You must immediately go on the stage.
No discussion.” Ms. Conant said,
“I don’t want to discuss it either”, and left. Mr. Thomas decided to fire her, and send
her back to Munich. He wrote the letter and delivered it to an orchestra
chairman for his dual signature. The
chairman, feeling the situation could produce problems, telephoned the union,
which said there was no just cause for a dismissal. The chairman refused to sign.(79) In the following months, in an attempt to
force her resignation she received several orders to play second or assistant,
and then registered mail threats that “steps” were being taken after her
refusal to play lower positions.(80) “Up To 15
Years In Prison” The personnel manager of the city of Munich, Herr Dr. Hans Joachim
Freiling, was subpoenaed by the court to appear at the appeal hearing on
October 21, 1992. Judge Schmidt told
him, “The matter can only be settled if you tell the truth.” He warned him that
he could receive up to fifteen years in prison for false statements to the
court.(81) It didn’t seem to be a
routine warning. He asked Dr. Freiling, “Are there other
solo-winds in Ms. Conant’s pay group?”
Dr. Freiling admitted that there weren’t. He also had to admit that in 1987 all the solo-winds were placed
in the highest seniority grouping, in order to obtain parity with the Bavarian
State Radio Orchestra.(82) In contrast to the union, Ms. Conant’s
new lawyer required the city to present the evaluations giving all of Conant’s
male colleagues the higher seniority grouping in 1987.(83) They were insubstantial, similar to the
short biographies in concert program notes.
The judge read aloud some excerpts, and said he was not impressed. In the written judgment he pointed out that
there is no difference between the credentials of Ms. Conant and her male
colleagues.(84) On March 10, 1993, thirteen years after
she entered the orchestra with a blind audition, the court ruled that Ms.
Conant be placed in the same pay and seniority group as all of her male
solo-wind colleagues; but due to a statute of limitations with back pay only to
September 1, 1988.(85) In every issue
they had broken the equal treatment laws.(86) “At the
Expense of the Capitol City of Munich” Five days after the appeal ruling Ms. Conant was summoned to a
meeting in the City Hall, where on March 15, 1993, she and her lawyer met with
representatives of the city personnel office; the administration of the
orchestra; and as twelve years earlier when her demotion was announced, the
bass trombonist Robert Meissner.(87) They made threats to force her
resignation, not knowing that she had already made plans to leave. In September 1992 Ms. Conant had received a
prestigious position as full tenured professor at the State Conservatory of
Music in Trossingen. With benefits the position pays better than the solo-wind
positions of the Philharmonic, and allows for her solo career. They showed her newspaper clippings of
her recent performances of
“Miriam”--a
music theater work dealing with her experiences in the orchestra--and said
that in the future she would have to receive permission to play outside the
Munich Philharmonic. Ms. Conant told
them that no one else in the orchestra was treated that way, and that
censorship and harassment would make more problems for them. They threatened that if she refused to play
second or assistant she would be fired.
Her lawyer pointed out that it would be illegal, and that she would
quickly re-obtain her position. Finally, not knowing that she already
planned to resign, they offered to meet with her lawyer and negotiate a
settlement. Ms. Conant just smiled. In
parting, the representatives from the city and orchestra administration asked
her not to take their actions personally, and shook her hand. Ms. Conant also offered her hand to Mr.
Meissner who refused to take it, stating, to the embarrassment of the other
representatives, that he was not obligated to do so. Her lawyer required them to pay a
severance award; to refrain from assigning her any work except solo trombone;
and to deliver the back pay by May 31, 1993.
And almost symbolically, it required them to free her from work “at the
expense of the capital city of Munich”, so she could present “Miriam” as a featured soloist at the International
Women’s Brass Conference in Saint Louis, Missouri.(88) A review in the St. Louis Post-Dispatch
dated May 31, 1993 records that the audience knew of Ms. Conant’s story, and
that their reaction to her performance was “ecstatic.”(89) After the
performance she received invitations to perform and speak at several important
American universities. In 1993 the personnel manager of the city
of Munich was replaced, and all five orchestra chairmen did not run for reelection. Ms. Conant was the only woman solo-brass
player in a top German orchestra. Now
there are none. But in her first year as Professor 40% of
her class were very talented young women trombonists. One of them won an important international competition and
obtained a solo position in the Dortumd State Opera. This article can’t touch upon how much Ms. Conant suffered, but
she hopes her long and continuing struggle will help young women musicians to
be treated as equal human beings.
1) Letter to Abbie Conant from
the Munich Phil. dated May 22, 1980. 2) Heinz Höfl, “Aus dem
Blech gefallen”, Der Spiegel, Nr.
44/45. Jahrgang,
October 28, 1991. Page 89. 3) Testimony from musicians of
the Munich Philharmonic. 4) Hugo Magliocco, “A Special
Endurance”, International Trombone
Association Journal, Vol. 20 No. 2, Spring 1992, Page 28. 5) Personnel rosters of both orchestras. 6) Personnel rosters of the orchestra. 7) Personnel roster of the Munich Phil., see also Hannes
Hintermaeier, “Celi will keine Frau an der
Posaune”, Abendzeitung München,
October 29, 1991, p.16. 8) Tarifvertrag fur die Musiker in Kulturorchestern
(TVK) 41. 9) Final Judgment, Conant vs. LH München, AGM Aktz: 2 Ca.
7022/82, April 12, 1984. 10) Final judgment,
Conant vs. LH München, AGM Aktz: 2 Ca. 7022/82, April 12, 1984. 11) Beate Berger,
“Frauen mussen freundlicher sein”, Frankfurter
Rundschau am Wochenende, November 30, 1991, Page ZB 5., see also, Final
judgement, Conant vs. LH Munchen, AGM 13 Ca 50/91, June 7, 1991, page 6. 12) A letter from Ms. Conant’s
lawyer dated July 1, 1982 confirms he considered it a serious problem. His report of December 17, 1982 to the Deutsche Orchestervereinigung about the
meeting of December 15, 1982 with the city and orchestra confirms that it was
in part this concern that prompted Ms. Conant to offer a compromise. 13) Letter from the
administration of the Munich Philharmonic dated December 7, 1982. 14) Report to the Deutsche Orchestervereinigung by
Conant’s lawyer dated December 17, 1982. 15) Letter from the the
Orchestra to Conant dated December 27, 1982, and Conant’s written answer dated
December 31, 1982. 16) Final judgment, Conant vs.
LH München, AGM Aktz: 2 Ca 7022/82, July 18, 1984. 17) Ibid. 18) Brief, Conant vs. LH
München, AGM Aktz: 2 Ca 7022/82, Febuary 3, 1983. 19) Medical report of the Zentralkrankenhauses Gauting of June 13,
1983 sent to the Arbeitsgericht München, Conant vs. LH München Aktz: 2 Ca
7022/82 Ziff. IV 1 Nr. 1 u. 2. 20) Final judgment,
Conant vs. LH München, AGM Aktz: 2 Ca. 7022/82, April 12, 1984. 21) Brief, Conant
vs. LH München, AGM Aktz: 2 Ca 7022/82, May 20, 1983. 22)Judgment, Conant
vs. LH München, AGM Aktz. Ca
2 7022/82, June 16, 1983. 23) Final judgement, Conant
vs. LH München Aktz. Ca 2 7022/82, April 12, 1984. 24) Marianne
Reißinger, “Vorletzter Akt im Celibidache-Drama?” Abendzeitung München, November 14, 1984, p.7. 25) On October 22, 1991 I
requested the Lord Mayor of Munich to ask Mr. Celibidache to retract his
statement. The Mayor refused. 26) Letter from members of the
Munich Philharmonic to the administration dated June 24, 1991. 27) Confirmed in a letter by witness Beth Woodside to the
author dated January 15, 1991. 28) Hans Richard Stracke, “Kritiker sind Flaschen mit
Sauerkraut-Ohren”, Abendzeitung Munchen,
November 10, 1984. 29) LH München vs. Conant Aktz: 5 Sa 639/84, September
17, 1984. 30)
Letter from Yoav Talmi dated November 17, 1981. 31) Judgment LH München vs.
Conant, LAG Aktz: Sa 639/84, March 6, 1985. 32) ibid. 33) Brief, LH München
vs. Conant, LAG Aktz: 5 Sa 639/84, May 15, 1985. 34) Brief, LH
München vs. Conant LAG Aktz: 5 Sa 639/84, May 21, 1985. 35) Letter of Prof.
Schreckenburger March 3, 1986. 36) Letter of Prof.
Schreckenburger April 22, 1986. 37) Brief, LH München vs. Conant, LAG Aktz: 5 Sa 639/84. 38) Letter of Prof.
Schreckenburger June 1, 1986. LH
München vs. Conant Aktz: 5 Sa 639/84. 39) Breif, LH
München vs. Conant, LAG Aktz: 5 Sa 639/84. May lS, 1987. 40) Written notice given to
Abbie Conant by the Munich Philharmonic dated May 21, 1987. 41) Letter of Prof.
Schreckenburger dated July 2, 1987. 42) LH München vs. Conant, LAG
Aktz: 5 Sa 639/84, December 14, 1987. 43) Letter of Prof. Michael
Stern, December 20, 1987. 44) Report of Prof. Fadle February 27, 1988 for LH München
vs. Conant, LAG Aktz: 5 Sa 639/84. 45) ibid. 46) Final judgment, LH München
vs. Conant, LAG Aktz: 5 Sa 639/84, August 13, 1990. 47) Protocall, AGM Aktz: 13 Ca
14072/88, January 11, 1989. 48) Letter from LH München to Conant’s lawyer dated
September 15, 1988. 49) A letter from Conant’s
lawyer to the LH München dated September 8, 1988 made it clear there was no
chance of an appeal to the federal court. 50) Letter from LH
München to the Deutsche
Orchestervereinigung dated July 4, 1990; and final judgement Arbeitsgericht
München Conant vs. LH München Aktz: 13 Ca 50/91, June 24, 1991. 51) Letter from orchestra
chairman Wolfgang Stingl to Abbie Conant dated December 3, 1991. 52) Protocall,
Conant vs. LH München LAG Aktz: 2 (1) Sa 437/91, October 21, 1992. 53)
Vergutungstabellen fur Musiker der Munchen Philharmoniker, 11. Tarifvertrag of August 24,
1992. 54) Tarifvertrag fur die Musikern in Kulturochestern §22;
and Brief to the Arbeitsgerichts München
from the Deutsche Orchestervereinigung
dated December 21, 1990. 55) The orders to play second
trombone and assistant first were often given verbally, but are also confirmed
in various letters from the LH München to Conant. Some examples are dated Febuary 21, 1989, and April 5, 1990, and
continue as late as February 9, 1993, March 1, 1993, and March 9, 1993. 56) A detailed explanation of the discriminatory treatment
is given in a letter from her lawyer to the LH München dated Febuary 25, 1993. 57) This is made clear in her letter to the Gleichstellungsstelle fur Frauen dated
July 12, 1990, and a letter from her husband to the Lord Mayor dated January
31, 1991. 58) Final Judgement, Conant
vs. LH München, LAG Aktz: 13 Ca 50/91, June 24, 1991. 59) Brief, Conant vs. LH München, AGM Aktz: 13 Ca 14072/88, August
29, 1990 60) Mr. Schmidt typed a letter
with the proposals dated May 2, 1989. It was signed by all three
solo-trombonists. A written statement
signed by Mr. Bovin confirms he delivered it the Munich Philharmonic. 61) Hugo Magliocco, “A Special Endurance”, International Trombone Association Journal,
Vol. 20 No. 2 Spring 1992, page
24. 62) Heinz Hofl, “Aus dem Blech gefallen”, Der Spiegel, Nr. 44/45.
Jahrgang October 28, 1991,
page 93. 63 ) They were the testimonials used in court in 1983, Brief,
Conant vs. LH München, AGM Aktz: 2 Ca 7022/82, May 20, 1983. 64) Letter from the Deutsche
Orchester Vereinigung to the LH München dated December 11, 1990. 65) Brief, Conant vs. LH München, AGM Aktz: 13 Ca 50/91,
January 23, 1991. 66) Ibid. 67) The equal rights office
discussed it with him in the summer of 1990, and the first trial wasn’t until
January 23, 1991. Ms. Conant’s first letters of complaint were sent to the
Munich Philharmonic and relayed to the Cultural Ministry and the Personnel
ministry a full year before the trials started. On December 11, 1990 Ms.
Conant’s lawyer wrote a letter warning the city that due to a statute of
limitations he must soon reopen the case if they did not respond. 68) Brief, Conant
vs. LH München, AGM Aktz. 1 Sa 437/91, April 22, 1991. 69) Brief, Conant vs. LH München, AGM Aktz: 13 Ca 15/91,
May 13, 1991 70) Heinz Hofl, “Aus
dem Blech gefallen”, Der Spiegel, Nr.
24/45. Jahrgang, October 28, 1991, page 93. 71) Final judgment,
Conant vs. LH München, AGM Aktz: 13 Ca 50/91, June 24, 1991, page 11. 72) Ibid. pages 17 and 18. 73) Letter from the personnel committee of the Munich
Philharmonic to Conant dated December 3, 1991 and signed by orchestra chairman
Wolfgang Stingl. 74) Heinz Hofl, “Aus dem Blech gefallen”, Der Spiegel, Nr. 44/45 Jahrgang, October
28, 1991, page 93. 75) It was the cover story of
three publications: The International
Trombone Association Journal, The Trombonist (Journal of the British
Trombone Society), and Frau und Musik
(of the Internationaler Arbeitskreis e.V.).
Major articles were also in the Frankfurter
Rundschau, Vrij Nederland (one the largest magazines in Holland), Munich Found (an english language
monthly in Munich), München Journal, Tonfallet (a highly regarded Swedish
magazine), Musik + Theater (a Swiss
publication), Abendzeitung München, Badische Zeitung, Berliner Illustrierte
Zeitung, Die Rheinpfalz, The St.
Louis PostDispatch, as well as large article in The Washington Post, and The
Wall Street Journal. There were
also detailed radio broadcasts by the Sudwest Rundfunk, the Bayerischer
Rundfunk, and a twenty minute interview and report on National Public Radio in
the USA. In 1995 a 90 minute
documentary film based on her story was produced by the German State Television
network 3SAT and was given two national broadcasts. 76) Jorg Eggebrecht, “Reise ins Herz”, Philharmonishe Blatter 91/92 Jahrgang 7,
Heft 6, Febuary/March 1992, p.14. 77) Confirmed in letters to Ms. Conant from the Deutsche
Orchestervereinigung dated December 20, 1988 and February 15,
1991. For this reason pay group IV
could retroactively
to all of her male colleagues. 78) Brief, Conant vs. LH München, AGM Aktz: 1 Sa 437/91,
October 30, 1991. 79) The orchestra chairman who informed Conant of these
details wishes to remain anonymous. 80) Letters from LH
München/Munich Philharmonic to Conant dated Febuary 9, 1993; March l, 1993; and
March 9, 1993. 81) Protocol, Conant
vs. LH München, LAG Aktz: 2 (l) Sa 437/91, October 21. 1992, Paqe 2. 82) Ibid. pages 2-6. The information is also confirmed in a written decision of
the city council (Beschluß des Personalausschusses) dated Febuary 10, 1987. 83) They are presented in a letter from the orchestra
chairmen of the Munich Philharmonic to the Personal manager of the LH München
dated December 10, 1986. 84) Final judgment, Conant vs.
LH München, Aktz: 2(1) Sa 437/91. 85) Judgment, Conant vs. LH
München, Aktz: 2 (1) Sa 437/91, March 10, 1993. 86) ibid. 87) Letter from LH München to Conant dated March 1, 1993. 88) Severance contract between Abbie Conant and the LH
München April 2, 1993. In Germany there
are no laws granting damages to the victims of racial or sexual discrimination. 89) James Wierzbicki, “A Piercing Excerpt From ‘Miriam’”, St. Louis Post-Dispatch, May 31, 1993,
Page 5A.
An Overview of the Key Events With Dates The Trials To Re-Obtain Her Position June 19, 1980: Abbie Conant won the audition for solo trombone of the Munich
Philharmonic. Her invitation was
addressed to a Herr Abbie Conant. The
first round was behind a screen and they didn’t know she was a woman. She defeated her 32 male opponents. Never
again has a screen been used for a Philharmonic audition. September 1982: Celibidache demoted Conant to second trombone. No unusual criticisms of her had been made
in any rehearsals, nor had she received a legally required written warning. November 11,
1982: Conant, hoping to work out a compromise,
asked GMD Celibidache why she was being demoted. He said: “You know the
problem, we need a man for the solo trombone.” March 29, 1984: After three hearings spanning a three year period Conant won a
court case to re-obtain her position, because they couldn’t establish a viable
criticism. The city appealed. Conant
had to continue playing second until the appeal was over. September 1988: Eight years after joining the orchestra Conant won the appeal and
regained her position. She played for a
court appointed specialist (Prof. Heinz Fadle of the Detmold Hochschule and
former President of the Internationale
Posaunen Vereinigung). All was tape recorded and witnessed by a city
representative. After extremely rigorous testing he declared that she was fully
qualified to play solo trombone in the Munich Philharmonic. The Trials
For Equal Pay August 14, 1990:
After winning, Conant was put in a lower pay
group than all 15 of her male solo-wind colleagues. They make up to 1100.
DM/mo. more than she does. July 7, 1990: In response to her request for equal pay the city’s Equal Rights
Office said they would need “supernatural powers to change an old
self-contented patriarch like Celibidache” and recommended she “wait until a
newer woman- friendly conductor takes over the rudder.” November 5,
1990: Conant met with the city personnel office and
the administration of the Munich Philharmonic to request equal pay with all 15
of her male colleagues. Both offices
refused. March 14, 1991: Mayor Kronawitter, informed by letter of the discrimination, wrote
and refused to intervene to put her in the same pay group as her 15 male
colleagues. June 7, 1991: Conant won a trial against the city of Munich (her employer) to
be put in the same pay group because they broke the equal rights law. The city appealed to try and keep her in the
lower pay group than all her 15 male solo wind colleagues. March 10, 1993: Conant won the appeal, and after 13 years was put in the same pay group, and with the same seniority as her male colleagues with the same status.
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