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The Diakonie must pay an allowance to a candidate for a post rejected without religious affiliation. Vera Egenberger of Berlin successfully sued for discrimination based on religion.
She brought her case against the Protestant Welfare Association before the Federal Labor Court in Erfurt. The compensation is about 3900 euros.
The disadvantage was unjustified
The court doubted that the discrimination was justified in the case of the present case because of the lack of church members, it was a justification.
In 2012, Egenberger had unsuccessfully applied for a post of lecturer with the Protestant work of Diakonia and Development. She badumed that the lack of church membership was the reason why she had not been invited to the job interview. After his refusal, the woman complained of discrimination based on religion. She claimed compensation of at least 10,000 euros.
Until the CJEU
The case concerning the practice of hiring in churches has been the subject of all proceedings in Germany and has also appealed to the Court of Justice of the European Communities (ECJ).
The Luxembourg judges decided in April that ecclesiastical employers should not demand a widespread and unfounded affiliation with a church. The ECJ ruled that this requirement must be "substantial, legal and justified" as well as legally verifiable.
In this context, the Federal Labor Court had to renegotiate.
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