§ 9 AGG

Para. 2 allows churches and their subordinate organizations as employers to demand loyal and righteous actions from their employees.

§ 9 AGG specifically covers denominational employers. Here, paragraph 1 refers to the right of self-determination of the churches and the requirements which they can impose on future employees. Paragraph 2 allows the churches and their subordinate organisations as employers to require loyal and righteous behaviour.

The basis for § 9 of the AGG is the European Directive 2000/78, which prohibits unequal treatment in employment based on religion in principle, but allows a tightly formulated exception to this prohibition. § 9 AGG was, inter alia, the subject of an infringement procedure for the implementation§ 9 AGG and the EU Employment Directive of this EU Directive in 2007 between the European Commission and Germany.

To strengthen the principle of equal treatment in the field of religious employers, the BUG has developed a proposal of amendment to § 9 of the AGG.

© Büro zur Umsetzung von Gleichbehandlung e.V. 2011