§ 9 Abs. 1 AGG

§ 9 para. 1 of the AGG acknowledges the ability of religious employers to require a religious affiliation from their employees, provided that this constitutes a justified occupational requirement for the type of activity to be carried out by the employee.

If a pastor searched for a Catholic hospice, which has been entrusted predominantly to Catholics, Catholic values would be a key requirement of activity and as such may result in the exclusion of non-religious persons in the application process. But, if the Diakonia wants to hire a janitor for its daycare center, which reflects the cultural diversity found in the German population and is largely funded by municipal funds, a church membership is not a justified occupational requirement.

Here we refer to "closely-related religious" activities (‘verkündungsnah’), performed by Priests or Pastors and "distantly-related" activities (‘verkündungsfern’), performed by administrative or service staff. Decisions as to the categorisation of activity should be made on an individual basis.

You can find a related judgment here.

© Büro zur Umsetzung von Gleichbehandlung e.V. 2018