Sexual orientation no reason to be laid off, EU top lawyer says

The sexual orientation of a self-employed person in the European Union cannot be a reason to terminate a contract, even if national laws say otherwise, a top EU lawyer argued on Thursday.

The opinion of an advocate general at the European Court of Justice (ECJ) is meant to provide impartial guidance to the judges. Justices are not obliged to follow their opinions, though they often do.

The case refers to the complaint of a Polish freelance TV editor whose short-term contract was terminated after he published a Christmas music video with his partner online promoting tolerance, the court said in a statement.

The self-employed worker had been working on short-term contracts for a Polish TV station for seven years at the time of the publication when his current contract was terminated, according to the court.

The Polish court dealing with the complaint asked the ECJ to clarify whether an EU law on equal treatment at work would overrule a national Polish law allowing the “refusal to conclude a contract with a self-employed worker because of the sexual orientation of that person,” the court writes.

Thursday’s opinion states “that the freedom to choose a contracting party cannot be usefully relied on to justify discrimination based on sexual orientation,” adding that the applicable EU law applies “to both employment and self-employment.”

Should the judges follow the top lawyer’s advice, the Polish court would be obliged to set aside national legislation and rule in accordance with the EU legislation.

A date for the final ECJ ruling has not yet been set.