Everything You Need to Know About Religious Discrimination at Work and How to Prove Your Case in Germany

Freedom of religion and belief is a fundamental right guaranteed by the German Basic Law (Grundgesetz – GG) and protected by the General Equal Treatment Act (Allgemeines Gleichbehandlungsgesetz – AGG).
Despite this, some employees and job applicants in Germany experience discrimination because of their religion, whether during recruitment or in their day-to-day work.

What is religious discrimination at work?

Religious discrimination is any unfair treatment, exclusion or bias against a person because of their religion or belief. This includes, for example:

• Refusing to hire someone because of their religion or religious appearance (e.g. hijab, kippah, religious beard)

• Preventing an employee from practising religious duties such as prayer or fasting

• Verbal harassment or insults linked to religious beliefs

• Refusing to grant time off for religious holidays

Practical examples

• A candidate is rejected because she wears a hijab or he has a religiously motivated beard.

• An employee is not allowed to attend Friday prayers even though work could reasonably be organised around it.

• Offensive remarks or comments are made about staff belonging to a particular religion in the workplace.

How does the law protect you?

Basic Law (Grundgesetz – GG)

• Article 4 GG guarantees freedom of belief, conscience and religious practice, including visible signs such as religious clothing.

General Equal Treatment Act (AGG)

• The AGG prohibits discrimination on the grounds of religion or belief in all aspects of employment, including:

  • job advertisements and recruitment

  • hiring and promotion

  • working conditions, pay and training

  • termination of employment

How can you prove religious discrimination?

1. Collect evidence

• Save e-mails, letters, text messages or internal messages

• Take written notes of meetings, conversations and problematic comments

• Ask colleagues or other witnesses for written or oral statements

2. Create a timeline

• Record all incidents with date, time, place and people involved

• Document repeated events to show a pattern of discriminatory behaviour

3. Use internal complaint mechanisms

• File a formal complaint with Human Resources (HR)

• or with the works council (Betriebsrat), if there is one

4. Get support from external organisations

• The Federal Anti-Discrimination Agency (Antidiskriminierungsstelle des Bundes)

• Trade unions and professional associations

• Lawyers specialised in labour law and anti-discrimination law

Legal steps after the internal complaint

If the issue cannot be resolved internally, you can:

• Formally assert your claim to the employer within two months of the discriminatory incident (under the AGG).

• File a lawsuit at the Labour Court (Arbeitsgericht) – usually within three months from the date of the internal assertion/complaint.

Can the employer impose religious restrictions?

Only in very exceptional cases, where there are serious and objective reasons related to the job, for example:

• Strict hygiene regulations (Hygienevorschriften) or safety rules in certain medical or food-processing areas

• Other compelling operational reasons that cannot be addressed by milder measures

In such cases, the employer must prove that:

• the restriction is necessary, and

• there is no reasonable alternative, such as adapted clothing or different working hours.

Possible compensation

If discrimination is proven, the employee can claim:

• Material damages (Schadensersatz) – for example lost income or missed promotion opportunities

• Non-material compensation (Entschädigung) – for psychological harm, violation of dignity and personal suffering

Conclusion

Religious discrimination in the workplace is a serious violation of your fundamental rights and dignity. You do not have to accept it:

• The Basic Law and the AGG protect you.

• There are clear steps to document incidents, preserve evidence and enforce your rights.

If you experience such a situation, do not hesitate to document everything and seek professional advice – the law is on your side.

Key German terms

• Allgemeines Gleichbehandlungsgesetz (AGG): General Equal Treatment Act

• Grundgesetz (GG): German Basic Law / Constitution

• Betriebsrat: Works council / employee representation

• Arbeitsgericht: Labour court

• Antidiskriminierungsstelle des Bundes: Federal Anti-Discrimination Agency

* The editorial team of the website strives to provide accurate information based on careful research and multiple sources. However, errors or incomplete information cannot be ruled out entirely. Please treat this text as an initial guide and always contact the competent authorities or a qualified lawyer for binding, up-to-date legal advice.