| Author (Corporate) | Cardiff EDC (Compiler) |
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| Series Details | C-81/12 |
| Publication Date | 2012-2013 |
| Content Type | Overview |
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Summary: Judgment from the Court of Justice of the European Union (CJEU) concerning freedom of expression, equal treatment in employment, recruitment and discrimination based on sexual orientation. Further information: Accept - a non-governmental organisation on promotion and protection of LGBT rights in Romania - lodged in March 2010 a complaint against SC Fotbal Club Steaua București and its self-titled patron Mr Belcai before the National Council for Combatting Discrimination (CNCD). The NGO claimed that the principle of equal treatment was breached in recruitment matters, following a statement from Mr Becali by which it was essentially mentioned he would never hire a homosexual player. The football club did not distance itself from the statement, according to Accept. The CNCD held that Mr Becali's statements could not be regarded as emanating from an employer or a person responsible for recruitment, those circumstances did not fall within the sphere of employment. A warning was nonetheless issued on the issue of discrimination in the form of harassment. Accept brought an action against the decision before a Court of Appeal (Curtea de Apel București) which requested a preliminary ruling to the CJEU. The Court concluded on 25 April 2013 that homophobic statements by the patron of a professional football club may shift the burden of proof on to the club to prove that it does not have a discriminatory recruitment policy. The appearance of discrimination on ground of sexual orientation may be refuted by a body of consistent evidence. The Court states that Directive 2000/78/EC - the so-called Equal Treatment at Work Directive - applies to situations such as those on which the dispute in the main proceedings before the Court of Appeal is based. |
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| Subject Categories | Employment and Social Affairs, Law, Values and Beliefs |
| Subject Tags | Employment Policy, EU Law, Fundamental | Human Rights |
| Keywords | CJEU Judgments, LGBTIQA+ Rights |
| Countries / Regions | Romania |
| International Organisations | European Union [EU] |
