Anissa Djelassi is research & coordination assistant at the Centre for European Law of the l’Université libre de Bruxelles.
Romain Mertens is assistant in Constitutional Law and Ph.D. researcher at the Université de Namur.
Commentary on the decision N.H. c. Associazione Avvocatura per i diritti LGBTI – Rete Lenford (GC) of April 23, 2020 (C-507/18)
This paper analyses a recent ECJ judgment pertaining to non-discrimination in the workplace. In N.H. v. Associazione Avvocatura per i diritti LGBTI – Rete Lenford, the European Court of Justice deals with a conflict between a lawyer stating that he would not hire homosexual collaborators and a LGBTI defense association claiming damages for these declarations.
Two questions were asked by the Italian Supreme Court. First, do statements made during a radio interview fall within the scope of EU directive 2000/78 on equal treatment in employment ? Second, is it possible for an association to be the main claimant in a procedure based on this directive, even if there is no identified victim ? As the article explains, the Court provides responses to these questions that ensure a broad application of EU non-discrimination law.
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