Gay Man Who Sued Polish TV For Discrimination Wins In EU Court
Image: Jakub Kwieciński and husband, Dawid Mycek
A gay man who sued Polish state broadcaster TVP for sacking him has won a major legal battle in the Court of Justice of the European Union (CJEU). Jakub Kwieciński, a freelancer with TVP, said that his contract was terminated after he and his husband were featured in a video that created awareness about gay couples.
“Sexual orientation cannot be a reason to refuse to conclude a contract with a self-employed worker,” the CJEU said and cited the European Union’s directive on equality at work.
According to Notes from Poland, Kwieciński, worked as a freelance audio-visual editor for TVP since 2010. After seven years of employment at TVP, Kwieciński was informed that the station was terminating its partnership with him, despite having been told a month prior that it would continue.
No Protection For Gay Couples In Poland
While The Polish Constitution protects workers from discrimination on the basis of sex, race, ethnicity, or nationality, it does not cover sexual orientation. A proposal to include a prohibition of discrimination on the grounds of sexual orientation was rejected in 1995 after objections raised by the Catholic Church.
TVP decided to terminate the contract after Kwieciński and his husband, Dawid Mycek published a music video titled “Love Us At Christmas” which addressed homophobic rhetoric and sought acceptance of LGBTQI people.
Kwieciński alleged that he had been wrongfully terminated due to his sexual orientation and dragged TVP to court.
The court stated, “To accept that freedom of contract allows a refusal to contract with a person on the ground of that person’s sexual orientation would deprive [the EU] directive, and the prohibition of any discrimination based on that ground, of its practical effect.”
Discrimination Cannot Be Justified
The case will now be brought before a Polish court for a final ruling.
“Today, the CJEU sent a strong signal that denying someone employment on the grounds of sexual orientation cannot be justified by freedom of contract,” Kwieciński’s lawyer, Paweł Knut said in a statement. “The desire to discriminate against someone does not deserve to be protected by this freedom”, he said.
Kwieciński and his husband have also been fighting to have their marriage – the couple got married in Portugal – legally recognised in Poland. In November last year, the Supreme Administrative Court of Poland ruled that same-sex Polish citizens who were married in other countries could potentially have their union recognised.
