Publication: J.K. v TP S.A. and the ‘Universal’ Scope of EU Anti-Discrimination Law at Work: A Paradigm Shift?
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2023-10-05
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Oxford
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Case C-356/21 J.K. v TP S.A. has been hailed as a transformative step forward in defining the personal scope of application of European anti-discrimination law and, potentially, determining the wider construction of labour rights.1 Its significance relates to several aspects. First, the ruling clarified the personal scope of application of Directive 2000/78/EC concerning equal treatment in employment and occupation,2 which the Court considered to explicitly extend to self-employed workers such as the claimant, an audio–visual editor engaged by one client via multiple short-term contracts. Second, it asserted that refusal to conclude or renew a contract for services with a freelancer on the grounds of their sexual orientation falls within the prohibition of discrimination contained in Directive 2000/78/EC. Third, it stated that Polish law has failed to implement the Framework Directive correctly due to permitting a derogation from the general prohibition of discrimination based on sexual orientation that is purported to be justified by the need to protect the rights and freedoms of others (that is to say, the parties’ freedom of contract).
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IE Law School
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Antonio Aloisi, J.K. v TP S.A. and the ‘Universal’ Scope of EU Anti-Discrimination Law at Work: A Paradigm Shift?, Industrial Law Journal, Volume 52, Issue 4, December 2023, Pages 977–996, https://doi.org/10.1093/indlaw/dwad025