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About Case Law

Case Law

Agen Court of Appeal
15/12/2005
Legal provision Directive 2000/78/EC
Area Employment & training
Form of Discrimination Direct discrimination
Grounds of discrimination Discrimination on ground of sexual orientation
Discrimination on ground of sexual orientation , Health care profession , France .
Key facts of the case:

Because of her alleged homosexuality, a nurse was refused entry to the home of an elderly couple she was sent to care for.

Main reasoning/argumentation:

Article 225-2 of the Penal Code prohibits discrimination based on sexual orientation, particularly when it is an obstacle to participating in an economic activity.

Results:

The accused were sentenced by the first two courts to a fine of EUR 300 each and EUR 500 according to Article 475-1 of the Penal Code and to one euro of damages to the victim.