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Discriminatory statement may found proceedings if sufficiently linked to recruitment (NH v Associazione Avvocatura per i diritti LGBTI - Rete Lenford)

Discriminatory statement may found proceedings if sufficiently linked to recruitment (NH v Associazione Avvocatura per i diritti LGBTI - Rete Lenford)
Published on: 28 April 2020
Published by: LexisPSL
  • Discriminatory statement 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 judgment?
  • What is the relevant background?
  • Background law
  • Background facts
  • The decisions of the Italian Courts
  • What was the Opinion of the Advocate General?
  • What did the ECJ decide?
  • Case details

Article summary

Employment analysis: The Equal Treatment Framework Directive 2000/78 covers a general statement made by a person to the effect that they would never recruit a homosexual person provided that it is capable of being related to the recruitment policy of a given employer, ie that there is a link with recruitment that is not purely hypothetical. Relevant factors would include the status of the person making the statement, the capacity in which it was made, the nature and contents of the statement and the context in which it was made. The fact that such a statement was made on the radio or was a personal opinion is not a defence. In addition, the Directive does not prohibit national law from providing that bodies (associations etc) that have a legitimate interest in ensuring compliance with the Directive have the standing to bring a claim in that respect and seek a sanction, even in the absence of an identifiable injured party, according to the ECJ. or take a trial to read the full analysis.

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