The Court concludes that the decision not to renew the contract on the ground of the sexual orientation of the contractor falls within the scope of Directive 2000/78 on equal treatment in employment and occupation.
It holds that Directive seeks to eliminate all discriminatory obstacles to access to livelihoods and to the capacity to contribute to society through work, irrespective of the legal form in which it is provided.
Furthermore, the Court notes that concept of ‘employment and working conditions, including dismissals and pay’, within the meaning of Directive 2000/78, must also be construed in a broad sense, as covering the conditions applicable to any form of employment or self-employment, whatever the legal form in which it is pursued.
In addition, as regards the concept of ‘dismissal’, the Court notes that a person who has been self-employed may also find himself or herself obliged to stop working due to his or her contractual counterparty and thus be in a vulnerable position comparable to that of an employed worker who has been dismissed.
Read the full press release. This article was first published on 23 January 2023 by our Romanian member firm Suciu – Employment and Data Protection Lawyers. Want to reach out and see how our member firm can help with employment advice? Contact our representative Andreea Suciu today.
