Religious Exemption from AI Duty Approved in the US as German Courts Prioritize Safety Rules

Key rulings: US developer wins religious AI opt-out; German courts prioritize safety over individual objections, uphold transfers, dismissals, and surveillance.

A software developer in the United States has been granted a religious accommodation from using artificial intelligence on the job, a decision that stands in stark contrast to a wave of German court rulings where workplace safety obligations have consistently overridden individual objections.

The developer, a Unitarian, cited papal warnings about the dangers of AI when requesting the exemption in May 2026. Under US federal law, employers must consider such requests unless they impose an undue hardship on operations. The case arrives amid a sharp rise in religious-discrimination lawsuits across the country.

While American jurisprudence carves out space for conscience-based technology refusals, German labor courts have drawn a firm line: good intentions do not excuse breaches of safety rules.

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Tobacco for Patients: Transfer Upheld

In early June 2026, the Cologne Labor Appeals Court (LAG Cologne) confirmed the transfer of a nurse at a forensic clinic. The employee had obtained tobacco worth €40 for patients — a clear violation of the facility’s security guidelines.

Judges ruled that even well-meaning motives cannot justify a dereliction of duty. The transfer to another hospital, combined with a written warning, fell within the employer’s directive authority under Section 106 of the German Industrial Code. The fact that the nurse lost a supplementary allowance did not invalidate the measure, as the decision was objectively justified.

Lying in Court Justifies Dismissal

A separate LAG Cologne case from January 2026 involved a bus driver who ended his night shifts early. In the initial proceedings, he falsely claimed he had notified the responsible office by phone.

The court treated this courtroom lie as an independent ground for termination. The breach of trust caused by the false statement was deemed severe enough to warrant ordinary dismissal; it did not constitute an impermissible repeat termination.

Internal Investigations Reinforced

The Lower Saxony Labor Appeals Court (LAG Niedersachsen) strengthened employers’ hand in internal probes. In January 2025, it ruled that a company-wide employee survey of about 150 questions to investigate potential crimes was permissible. The case confirmed the summary dismissal on suspicion of a shift supervisor. Data protection, the judges stated, does not amount to “protection of the offender.” Works council co-determination for such surveys is not mandatory.

Safety Trumps Data Privacy

Germany’s highest administrative court in Berlin ruled in May 2026 that security measures introduced by the Berlin Baths Authority were lawful. After serious incidents in 2023 — including threats and evacuations — the operator began requiring ID checks for minors aged 14 and older and implemented targeted video surveillance.

The court overturned a previous data-protection warning against the measures. The protection of life and health, it held, outweighs informational self-determination.

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NIS-2: New Cyber Duties for Businesses

Alongside court rulings, formal regulatory demands are escalating. The NIS-2 Implementation and Cybersecurity Strengthening Act came into force in early 2026. It obliges companies with 50 employees or more, or €10 million in revenue, in regulated sectors such as energy and transport to implement rigorous risk management.

Reporting duties to the Federal Office for Information Security (BSI) have been tightened significantly. The IEC 62443 standard for industrial cybersecurity offers guidance, helping operators and manufacturers systematically meet the requirements of NIS-2 and the Cyber Resilience Act.