(EU) Non-Discriminatory Hiring Laws Shown to be Problematic
In transposition of EU – law, Austria has adopted strict non-discrimination legislation in the employment sector. When a Christian religious official was looking for a secretary, his legal advisor asked the equal treatment commission before publishing a job advertisement: would it be permissible to reject a headscarf-wearing Muslim woman? The answer was no.
On the basis of the first four equal treatment directives, European law allows a distinction due to religion in church employment only when there is a “genuine, legitimate and justified occupational requirement”, such as when it comes to preaching to the faithful. The here concerned Church dignitary decided not to publish the job advertisement, but to look for someone privately. Doing so many qualified potential applicants did not hear about the job - a sad consequence of disproportionate governmental interference in its citizens’ concerns. Source and further information: The Observatory's Report 2012 on Legal Restrictions Effecting Christians in Europe