COMBATING WORKPLACE DISCRIMINATION. CONCEPTUAL DELIMITATIONS IN THE JURISPRUDENCE OF THE EUROPEAN COURTS OF HUMAN RIGHTS
COMBATING WORKPLACE DISCRIMINATION. CONCEPTUAL DELIMITATIONS IN THE JURISPRUDENCE OF THE EUROPEAN COURTS OF HUMAN RIGHTS

Summary/Abstract: This paper explores the conceptual and normative foundations of workplace discrimination within the jurisprudence of the European Court of Human Rights (ECHR) and the Court of Justice of the European Union (CJEU). The study aims to delineate how the two European judicial bodies interpret and apply the principle of equality and non-discrimination in employment, as derived from the European Convention on Human Rights, the Charter of Fundamental Rights of the European Union, and relevant secondary legislation. Methodologically, the research adopts a qualitative and comparative approach, combining normative, jurisprudential, and doctrinal analyses. The article examines the evolution of European anti-discrimination law, focusing on landmark cases concerning discrimination based on sex, religion or belief, political opinion, age, and other protected grounds. In particular, it highlights how the CJEU has progressively integrated the Charter of Fundamental Rights into its reasoning, transforming it into a constitutional benchmark for assessing proportionality and legitimacy in employment-related restrictions. The findings indicate that both the ECHR and the CJEU have expanded the notion of discrimination beyond formal inequality, encompassing indirect, associative, and omission-based forms of differential treatment. Moreover, the principle of proportionality and the requirement of objective justification have become essential criteria in evaluating whether distinctions in employment contexts amount to discrimination. The study concludes that combating workplace discrimination requires not only consistent legal enforcement but also the promotion of an institutional culture grounded in equality, accountability, and respect for diversity. The convergence between the two European courts’ approaches contributes to the emergence of a coherent European model of protection against discrimination at work, aligned with the values of dignity, fairness, and human rights.

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