- Discriminatory radio interview may found proceedings if sufficiently linked to recruitment (NH v Associazione Avvocatura per i diritti LGBTI - Rete Lenford)
- What are the practical implications of this Opinion?
- What is the relevant background?
- Background law
- Background facts
- The decisions of the Italian Courts
- What was the Opinion of the Advocate General?
- Case details
Employment analysis: The Equal Treatment Framework Directive 2000/78 covers a general statement made on the radio to the effect that the interviewee would never recruit a homosexual person to their law firm provided that there is a link with an actual recruitment procedure that is not purely hypothetical. In addition, the Directive does not prohibit national law from providing that an association with a legitimate interest in the lesbian, gay, bisexual, transgender and intersex (LGBTI) community has the standing to bring a discrimination claim in that respect and seek damages, even in the absence of an identifiable victim, according to an Opinion by Advocate General Sharpston in the ECJ.
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