Self-Employed LGBTQ Workers Shouldn't Face Bias, ECJ Says

Self-Employed LGBTQ Workers Shouldn't Face Bias, ECJ Says

January 12, 2023, Law360

Law360 featured Covington's pro bono representation of a Polish video-maker who accused his broadcaster employer of discrimination based on his sexual orientation after canceling his shifts and not renewing his contract. He sued his employer at the District Court of Warsaw, seeking compensation from the broadcaster.

The Warsaw court asked the ECJ to clarify whether a European equal treatment directive applies to the case, and whether the directive precludes national legislation that excludes the decision to renew a contract with a self-employed worker from being considered discrimination. Europe's top court then ruled that a self-employed person should not be discriminated against based on their sexual orientation, saying that national laws allowing parties to contracts to "choose" who they deal with does not override European rules against discrimination.

Rosa Oyarzabal Arigita, who was part of the Covington team representing the video-maker, said the ECJ's ruling was clear that "whether employed or self-employed, everyone is protected against discrimination based on their sexual orientation."

"Who you love does not determine whether you are capable of performing a job or task," Rosa said. "Member states cannot allow discrimination under the pretense of freedom to contract."

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