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ECJ: Poland discriminates against homosexual freelancers

EU anti-discrimination law also applies to self-employed workers.

According to a ruling by the European Court of Justice (ECJ), Poland discriminates against self-employed homosexuals. The EU’s highest court ruled in Luxembourg on Thursday that EU anti-discrimination law also applies to freelancers. Therefore, cooperation with a self-employed person should not be terminated because of his sexual orientation – otherwise the EU anti-discrimination law would lose its effect, the judges decided.

The Employment Equality Directive, which covers a wide range of professional activities, sets out a general framework for combating discrimination, including on grounds of sexual orientation. “The aim of the directive is to remove all barriers based on discrimination to access to work on grounds of social and public interest,” reads the ECJ press release. Until now, in Poland, it was permissible to refuse a contract with a self-employed worker because of his sexual orientation.

Claim for Damages

The background to this is the lawsuit filed by a longtime freelancer at a Polish public television station. In December 2017, he and his partner released a Christmas music video on Youtube promoting tolerance of same-sex couples.

Shortly thereafter, the television station informed him that his current contract had ended and that no new contract would be entered into. He is seeking damages in a Polish court. The court must now decide the case, taking into account the jurisprudence of the Court of Justice.