BAG: Church can demand faith for some jobs

Germany’s Federal Labor Court ruled in May 2026 that churches may require Christian affiliation for certain roles, even in non-religious work like human rights reporting, if the job involves representing the church’s values externally. The decision balances religious autonomy with anti-discrimination laws.

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Church membership as job requirement

In May 2026, Germany’s Federal Labor Court (BAG, case no. 8 AZR 194/25) upheld a church employer’s right to reject a non-Christian applicant for a human rights reporting position. The court ruled that requiring church membership was justified because the job involved representing the church’s values to the public. This decision clarifies when religious organizations can prioritize faith in hiring.

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Why the court decided this way

The case centered on a 2012 job posting for a human rights project coordinator at a Protestant aid organization. The job required applicants to be members of a Christian church. The court had to determine whether this violated Germany’s anti-discrimination laws (AGG).

The key issue was whether church membership was a „genuine, legitimate, and justified occupational requirement” for the role. The court found that because the position involved advocating the church’s stance on human rights to policymakers and the public, the employer could reasonably require alignment with its religious values. This ruling aligns with EU law, which allows religious exceptions when faith is directly tied to job duties.

What happened in this case

A non-religious applicant applied for a two-year position at a Protestant aid organization to help draft a report on Germany’s compliance with the UN Anti-Racism Convention. The job posting required membership in a Christian church, which the applicant lacked.

The organization hired a Christian candidate instead. The rejected applicant sued for discrimination, arguing that the job—focused on human rights reporting—didn’t require religious affiliation. Lower courts initially awarded her compensation, but the BAG overturned this, siding with the employer’s right to prioritize faith for roles involving public representation of its values.