A public employer's right to enquiry

CAN A PUBLIC EMPLOYER ENQUIRE ABOUT RELIGIOUS BELIEFS?

Similar as is the case with private employers (see: here), any permissible questions of a public employer require truthful answers. In any case of fraudulent misrepresentation on part of the employer, the appointment as civil servant may be revoked.¹ Questions regarding a person’s religious affiliations are impermissible as a rule.² When the job applicant is silent upon questioning or even tells the employer that such a question is inadmissible, the chances of them getting the job are usually slim. It is therefore legally accepted for the applicant to reply untruthfully when faced with such questions without them having to face any legal consequences for it.

^{1 see section 12 (1) Nr. 1 Civil Servant Status Act.}

^{2 Hesse: Federal Constitutional Court, resolution from 27.06.2017, 2 BVR 1333/17, margin 27.}