German Federal Constitutional Court Strengthens Rights of Religious Employers in Hiring - Federal Labor Court Upholds Religious Employers' Rights in Hiring
The Federal Labor Court has awarded €3,915 in compensation to an applicant who faced discrimination due to their lack of faith. The case involved the Evangelische Kirche Deutschland (EKD), a major Protestant church in Germany.
In 2018, a non-religious applicant was denied an interview for a position within an EKD-affiliated organization. The applicant argued that this decision was discriminatory, leading to a legal battle that reached the highest courts.
Initially, the lower court ruled in favor of the church, stating that as a religious organization, it had the right to prioritize candidates who shared its faith. However, this decision was criticized for imposing the court's own interpretation of how a church's ethical values should be represented externally.
The case was then taken to the Federal Labor Court, which initially agreed with the lower court's ruling. However, the applicant appealed to the Supreme Court, which overturned the previous decisions. The Supreme Court ruled that the lower court did not give sufficient weight to the employer's interests and rights, particularly in relation to religious freedom.
The Supreme Court's ruling is seen as a victory for religious employers' rights in hiring. The EKD and similar organizations can now exercise more freedom in selecting candidates who align with their religious values. The applicant was awarded €3,915 in compensation for the discrimination faced.
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