BAG: Church can demand faith for some jobs

Germany’s Federal Labor Court upheld a church employer’s right to require membership in a Christian church for a policy research role, even when the job isn’t directly religious. The ruling clarifies when faith can be a hiring requirement under anti-discrimination law.

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Church can require faith for policy role

The Federal Labor Court (BAG) ruled that a church-affiliated employer can require membership in a Christian church for a policy research position, even if the job isn’t directly religious. This decision means employees and applicants can’t automatically challenge faith requirements for jobs at religious organizations—even for roles like reporting on human rights.

The case involved a social worker who sued after being rejected for a research position at a church-affiliated organization. The BAG’s decision was issued on June 2, 2026 (case no. 8 AZR 194/25), affirming the lower court’s ruling (Berlin-Brandenburg Labor Court, May 28, 2014 – 4 Sa 157/14, 4 Sa 238/14).

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What happened in this case

The Federal Labor Court hasn’t released its full reasoning yet. Based on the lower court’s decision:

A church-affiliated organization (a merger of Protestant aid groups) posted a job for a policy researcher to write a report on Germany’s compliance with anti-racism treaties. The job posting required applicants to be members of a Protestant church or a church affiliated with the Working Group of Christian Churches in Germany.

A qualified social worker applied but didn’t mention her faith (or lack thereof) in her application. She wasn’t invited for an interview and later sued, arguing the faith requirement was discriminatory. The organization hired someone with a different academic background but who identified as Protestant.

The lower court ruled that the faith requirement was justified because the organization’s mission included Christian values, even for this research role. The BAG upheld this decision.