Court of Justice of the European Union vindicates Polish gay freelancer, in binding ruling for other national courts with similar cases
The sexual orientation of a self-employed person in the European Union cannot be a reason for refusing to conclude a contract, even if national laws provide otherwise, the Court of Justice of the European Union (CJEU) ruled today
The court case concerned the complaint of a Polish citizen who had been working for seven years at a public television channel in Poland under a series of freelance contracts.
His shifts were unilaterally canceled and no new contract was signed immediately after the self-employed posted a Christmas music video online with his partner promoting tolerance, the CJEU said in a press release.
The Polish court hearing the case asked the CJEU to clarify whether an EU legislation on equal treatment at work also applies to staff working on contracts as external partners and whether the EU directive invalidates national legislation allowing the refusal of a contract of independent professional based on sexual orientation.
Today’s ruling clarifies that EU anti-discrimination law applies to the self-employed, as the law “seeks to eliminate… all discriminatory barriers to access to livelihoods and the ability to contribute to society through work, regardless of the legal form provided’.
In its decision, the Court held that the applicable concept of “conditions for access to employment, self-employed activities or work (…), must be understood in a broad sense, covering access to any professional activity, whatever if it is its nature and characteristics”, regardless of “the form of salaried and self-employed activity, whatever the legal form under which this activity is carried out”.
The CJEU also ruled that the refusal of contracts to independent professionals based on sexual orientation under Polish national law “could not be considered necessary for the purposes of ensuring freedom of contract in a democratic society”.
The Polish court must now resolve the case in accordance with the CJEU ruling, which is also binding on other national courts dealing with similar issues.
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