Can church employers query denomination in application procedures?
Church employers must check for each advertised body whether the denomination of the denomination is necessary for the exercise of the activity.
The professional requirement - belonging to a certain religious community - is only justified if it is an essential, legitimate and justified professional requirement in view of the ethos of the Church and the type of activity or the circumstances of its provision. The employer bears the burden of proof and proof. The claim that the selection decision was made solely on the principle of the best selection is not suitable for refuting disadvantage because of religion.
For the Karlsruhe Labor Court, the question of the denomination of the denomination in the interview was a mandatory indication of discrimination. The employer was unable to refer this indication in the procedure (ArbG Karlsruhe from September 18, 2020 - 1 CA 171/19, BAG from October 25, 20018 - 8 AZR 501/14).
1.)
Only if the belonging to the respective religious community for the advertised activity is absolutely necessary according to the ethos or the basic order or the loyalty guidelines, the relatives may be asked to relate to a religious community (ECJ of 17.04.2028, law C-414/16 Vera Egenberger. 8 AZR 501/14)
In the event of a claim for damages by an inferior applicant in accordance with Section 15 (2) AGG, with which the inferior applicant complies with damages due to an alleged violation of the ban on the disadvantage because of religion, the ecclesiastical employer must explain and demonstrate that the question of religious affiliation does not constitute a direct disadvantage, since the affiliation to the religious community is an entirety requirement for the depicts the advertised activity.
It follows from the basic order of the Church Service of the Catholic Church of November 22, 2022 and the EKD mitarine guideline of January 20, 2024 from the basic order of the church service of the Catholic Church.
In Section 4 (1) of the EKD the
The selection of the professionally in the church and its diakonia as well as in the other assigned institutions is based on the fulfillment of the church mandate in its specific design. The requirement of membership of employees in a member church of the Evangelical Church in Germany, a church of the working group of Christian churches in Germany or the Association of Evangelical Freikirchen is determined according to the type of activity and the circumstances of their exercise.
For activities in proclamation, pastoral care, evangelical education or in particular responsibility for the Protestant profile, membership in a member church of the Evangelical Church in Germany (EKD) is required . This applies to the Evangelical Church, its Diakonie and its other assigned institutions. Membership in an EKD member church is equivalent to membership in a church in parish with the EKD.
In further cases, membership may be necessary in a member church of the Evangelical Church in Germany, a church of the Working Group of Christian Churches in Germany or the Association of Evangelical Free Churches due to the type of activity or the circumstances of their practice. This is in particular the case if the activity is associated with responsibility for the evangelical or Christian profiling of the agency or institution or a credible representation, or the circumstances of your exercise require this, taking into account the size of the office or institution and your other employee, as well as the respective environment. The employee determines these requirements accordingly.
The basic order of the church service of the Catholic Church in Article 6 regulates the requirements for the establishment of the employment relationship as follows:
When hiring, the employer must make sure that applicants are professionally enabled and personally suitable in order to perform the intended tasks. In the application process, applicants are familiar with the Christian goals and values of the facility so that they can align their actions at the Catholic self -image and do justice to the transferred tasks. The core area of private life is to be preserved in the application process. With the signing of the contract, the applicants express that they recognize the goals and values of the church institution.
As part of their work, all employees are expected to identify the goals and values of the Catholic institution.
Pastoral and catechetical activities can only be transferred to people who belong to the Catholic Church.
People who shape the content of the facility in terms of content and represent the outside and represent the outside are a special responsibility for the Catholic identity of the facility. You must therefore be Catholic.
Anyone who acts hostile to the church is not set. This also applies to people who have left the Catholic Church.
Especially taking into account the new basic order of the Catholic Church and the new EKD employees' directive, every employer is recommended to determine in advance via its committees (board, caritas council, church council, etc.), for which activity is required in the Catholic Church or in a member church of the EKD. It is then necessary for the activities for which a membership in the Catholic Church or an Evangelical member church is required according to the employer's understanding.
2.)
For both churches, the exit of the church is anti -church behavior.
As a small solution, many employers want to ask whether the applicant has left the Catholic Church or an Evangelical member church.
The current basic order of the Catholic Church continues to evaluate the resignation from the church as anti -church behavior. Here, too, the same risks exist as described above. Here, too, the employer should determine the official activity for which he asks about the exit from the Catholic Church. According to Art. 6 basic order, it is not set who behaves hostile to the church. Anyone who leaves is also not hired according to the basic order. This question should be permissible in the interview. Judicial decisions on such factual behavior, taking into account the new basic order and the new employee directive, are not known.
