Even self-employed workers must not be discriminated against in the EU because of their sexual orientation.
This was clarified on Thursday by the European Court of Justice (ECJ) in Luxembourg, which had received a case from Poland.
Marlene Grunert
Editor in Politics.
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There, a man is seeking legal protection who worked as a freelancer for seven years with the public television station TP.
The work was based on several consecutive service contracts.
In December 2017, the man and his partner posted a video on YouTube promoting tolerance for same-sex couples.
TP then ended the collaboration.
The man went to court in Warsaw, which turned to the ECJ.
The Polish judges wanted to know whether the Employment Equality Directive also applies to the self-employed.
They also asked what role freedom of contract plays in this context.
The ECJ has now made it clear that working with a self-employed person may not be terminated because of their sexual orientation.
The corresponding directive is to be understood broadly and includes “any professional activity”.
According to the Court's communication, the directive aims to remove "all barriers based on discrimination grounds to access means of subsistence and the ability to contribute to society through work, on whatever legal basis".
If employers invoke freedom of contract when discriminating against homosexuals, the directive would be ineffective.