LGBT labour rights and protection of collective interests strengthened by CJEU

In a preliminary ruling in Case Diritti LGBTI (C-507/18), the Court of Justice adopted a wide interpretation of the concept of «conditions for access to employment … or to occupation» present on the anti-discrimination directive, establishing that homophobic statements in the media can give rise to compensation and constitute discrimination in employment and occupation when they are made by a person who has or may be perceived as having a decisive influence on an employer’s recruitment policy. In this case the CJ also stated that national law may provide that an association has the right to bring legal proceedings to claim damages even if no injured party can be identified.