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German Employment Case
Focuses on Religious and Ethnic Discrimination
Author:
Justice Initiative
Date:
13 July 2008
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German
Employment Case Focuses on Religious and Ethnic Discrimination
Amsterdam,
July 14, 2008—The Open Society Justice Initiative today
challenged religious and ethnic discrimination in a brief the organization
filed in an employment case in Hamburg, Germany.
The case concerns a Christian charity,
Diakonisches Werk Hamburg (DWK), which refused to hire a non-Christian woman
unless she converted to Christianity. The applicant, a German citizen of
Turkish ethnic origin, does not observe or practice any religion and refused to
convert. The woman was applying for a non-religious position counseling
immigrants, as part of a secular advice service that DWK provides on behalf of
the German state. DWK acknowledges that the applicant met all substantive
requirements for the job.
Under German and European Union
antidiscrimination law, religious institutions may treat individuals
differently on the basis of religion only when religious faith is a genuine
occupational requirement for a job, such as that of a pastor or a religious
teacher. But this exception clearly does not apply in the DWK case, the Justice
Initiative asserted in its filing. Click on the icon at right to read the
Justice Initiative's brief, available in English or German.
In 2007, the Hamburg City Labor Court held
that the job applicant had been a victim of religious discrimination. But DWK
appealed the decision and the case is currently pending before the Hamburg
Regional Labor Court. In its brief, the Justice Initiative argues that the
applicant is also a victim of indirect ethnic discrimination because DWK's
employment requirements have a negative, disproportionate impact on the great
majority of Germans of ethnic Turkish origin.
"The victim in this case has been
discriminated against twice," said Robert O. Varenik, acting executive
director of the Justice Initiative. "The employer has in effect ruled out
employing all non-Christians, which includes most people of ethnic Turkish
origin, even though this is not a religious job. Under the logic of the DWK's
position, they could require their accountants, or their cleaning crew, to
convert to Christianity. This is unlawful."
The case hinges on how Germany has
implemented the Race and Employment Equality Directives of the European Union.
Loopholes in the German statute enacted to implement the Race Directive, the
General Equal Treatment Act of 2006, appear to give religious organizations too
much room to pursue discriminatory employment practices, according to the
Justice Initiative. As a result, the Justice Initiative is urging the court to
refer the case to the European Court of Justice (ECJ) in order to clarify the very
restricted circumstances under which differential treatment is justifiable.
"For the sake of ensuring consistent
and effective antidiscrimination laws across the European Union, the ECJ must
clarify where the line is to be drawn. This is not for employers to decide as
they see fit," said Varenik.
The Justice Initiative's project on
contemporary forms of discrimination in Europe promotes litigation to combat
racial, ethnic, and religious discrimination in European Union states. It seeks
to empower victims of discrimination to use advanced antidiscrimination legal
protections before national, regional, and international tribunals. The project
pursues cases that address systemic problems and can generate significant
public impact beyond the courtroom.
Contact: Maxim Ferschtman:
+31-20 773 3871
(Amsterdam).
The URL for this page is: http://www.justiceinitiative.org/db/resource2?res_id=104117