2 juillet 2021
info:eu-repo/semantics/OpenAccess
Daniel Borrillo et al., « Homophobic speech and direct discrimination in access to employment: ANALYSIS OF CJEU, 23 APRIL 2020, AND ITS IMPACT ON THE ITALIAN, FRENCH AND SPANISH LEGAL ORDERS », HAL-SHS : droit et gestion, ID : 10670/1.0kiwa2
In the judgment Associazione Avvocatura per i diritti LGBTI (C-507/18), delivered on 23 April 2020, the Court held that statements made by a person during an audiovisual programme, according to which that person would never recruit persons of a certain sexual orientation to that person ́s undertaking or wish to use the services of such persons, fall within the material scope of Directive 2000/78 and, more particularly, within the concept of “conditions for access to employment or occupation” within the meaning of Article 3 (1)(a) of that directive, even if no recruitment procedure had been opened, nor was planned, at the time when those statements were made, provided, however, that the link between those statements and the conditions for access to employment or to occupation within the undertaking is not hypothetical. In this paper, we will examine how the Italian, French and Spanish legal systems have been affected following the pronouncement of this leading case.