Homophobic Statements Are Employment Discrimination When Made By A Person With 'Decisive Influence' On Recruitment: European Court Of Justice

• Published date: 08 May 2020
• Author: Ius Laboris
• Subject Matter: Employment and HR, Discrimination, Disability & Sexual Harassment, Employee Rights/ Labour Relations
• Law Firm: lus Laboris

The European Court of Justice has ruled that homophobic statements made about recruitment policy in the context of a radio interview breached the anti-discrimination directive, because there was a link between those statements and the conditions for access to employment that was more than theoretical.

On 23 April 2020 the European Court of Justice ruled that a statement made on a radio programme that the speaker would never recruit or use the services a person of a particular sexual orientation fell within the scope of the anti-discrimination directive, even though there was no particular recruitment process in mind or taking place, provided the link between those statements and the conditions for access to employment or was 'not hypothetical'.

Background

An Italian lawyer stated in a radio interview that he would not recruit or use the services of anyone who was homosexual in his firm. An association defending the rights of LGBTI lawyers brought an action against him for damages. The court found against the lawyer, who appealed, lost the appeal and appealed to the Supreme Court of Cassation. The Supreme Court asked the European Court of Justice for a preliminary ruling on the meaning of 'conditions for access to employment ... and to occupation', in the anti-discrimination directive.

The European Court of Justice ruling

The Court held that statements suggesting the existence of a homophobic recruitment policy can fall within the definition of 'conditions for access to...