J.K. v TP S.A. and the 'Universal' Scope of EU Anti-Discrimination Law at Work: A Paradigm Shift?

The article focuses on the Court of Justice of the European Union’s (CJEU) ruling in Case C-356/21 J.K. v TP S.A., which clarified that Directive 2000/78/EC on equal treatment in employment and occupation applies to self-employed workers and prohibits discrimination based on sexual orientation, including in the refusal to renew contracts. The case involved a Polish audio–visual editor who lost work after posting a pro-LGBTIQ+ video, highlighting tensions between national law and EU anti-discrimination standards. The ruling broadens the personal scope of EU equality law beyond traditional employment relationships, emphasizing protection based on the nature of professional activity rather than contractual status, and challenges national derogations that permit discrimination under the guise of contractual freedom. This judgment, alongside related cases, signals a potential shift toward a more inclusive, status-neutral approach to labour rights in EU law, though legislative action is needed to address gaps affecting non-standard forms of work.