It depends on the role, which means the EU allows faith requirements only if they’re necessary for performing the role. Under EU law (Directive 2000/78/EC, Article 4(2)), religious schools can require staff to share the faith only where it is a genuine, legitimate, and justified occupational requirement, and the requirement must be proportionate.
A religion teacher or chaplain typically meets this test. An administrative assistant, cleaner, or maths teacher typically does not.
The legal test the CJEU has set
- Genuine: necessary because of the role's importance for manifesting the ethos
- Legitimate: not used to pursue aims unconnected with the ethos
- Justified: a probable and substantial risk to the ethos without the requirement
- Proportionate: the least restrictive means of protecting the ethos
- Subject to independent judicial review, the organization does not decide its own exemption
When the school employs non-members in the same role, that fact alone strongly undermines the claim that faith is genuinely required.
Three CJEU rulings that narrowed the exemption
- Egenberger v Evangelisches Werk (2018): a non-religious applicant was rejected for a report-writing role at a Protestant organization. The CJEU required every faith requirement to be justified on a case-by-case basis.
- IR v JQ (2018): a Catholic hospital fired a doctor for remarrying after divorce. The court held that Catholic marriage doctrine was not necessary for heading an internal medicine department.
- Katholische Schwangerschaftsberatung v JB (CJEU ruling C-258/24, 17 March 2026): dismissing a counselor for leaving the Catholic Church while employing non-Catholic staff in the same role cannot justify unequal treatment.
Which roles can require faith, and which cannot
Typically justified: religion teachers, chaplains and pastoral care, school heads shaping the religious mission, and church music directors who lead worship.
Typically not justified: administrative staff, cleaners, IT and maintenance, non-religious subject teachers (maths, science, PE, languages), catering and facilities, and counselors without an explicitly religious element.
Implementation varies by member state. After Egenberger, Germany made its rules stricter, Ireland is under pressure to seek reform, and France does not recognize a religious ethos exemption. Companies that typically pursue the path towards becoming an equal opportunity employer pay special attention to these developments.
Disclaimer:
This article informs. It does not advise on the law. EU member states apply the religious-ethos rule differently. Germany, Ireland, France, and Spain each interpret it in their own way.
TL;DR
- EU law allows faith requirements only where genuinely necessary for the specific role, not as a blanket policy.
- Three CJEU rulings from 2018 to 2026 progressively narrowed the exemption. When non-members already do the same role, a faith requirement is almost certainly unjustified.
- Religion teachers and chaplains are typically lawful. Admin, non-religious subject teachers, and support staff are typically not.