Important Judgment of the Court of Justice of the EU: Stipulating Age Range in a Job Advertisement is Not Always Discriminatory

In a judgment of 7 December 2023, the CJEU held that job advertisements for the position of personal assistant to a person with a disability may include requirements regarding the age or gender of the applicant, given the nature of the services provided and the wishes and interests of persons with disabilities. The CJEU stated that the possibility for such a person to state preferences regarding a job applicant supports their right to self-determination. The judgment may also have implications regarding any other applicant-related criteria stated in job advertisements. In various specific circumstances, these will be a genuine occupational requirement, and cannot be considered discrimination.

The judgement is available here:

https://curia.europa.eu/juris/document/document.jsf;jsessionid=120274DC784F43291AB6A85C076DC9D4?text=&docid=280433&pageIndex=0&doclang=PL&mode=req&dir=&occ=first&part=1&cid=5108090

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