European Employment Law Cases

Case Reports

2020/4 Admissibility of Employers’ Requirements regarding Religious Symbols in Workplace (GE)

Keywords Religious discrimination
Authors Caroline Dressel
Author's information

371177 Caroline Dressel
Caroline Dressel is an attorney-at-law at Luther Rechtsanwaltsgesellschaft mbh
  • Abstract

      Many national decisions in Germany in the past had to deal with employers’ requirements regarding religious symbols in the workplace. Also, in 2017, the ECJ has dealt with two matters of such. Whilst the ECJ strictly refers to the principles of entrepreneurial freedom, the Federal Labour Court (Bundesarbeitsgericht, the ‘BAG’) tends to give priority to religious freedom. Last year, the BAG appealed to the ECJ for final clarification, in particular regarding the relationship between the basic rights of entrepreneurs and the constitutional right to religious freedom, by way of a preliminary ruling procedure with its decision dated 30 January 2019.

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