Workers, be they employed or self-employed, are protected against all forms of direct or indirect discrimination on unlawful grounds.
Discrimination can be:
- direct, which occurs when one person is treated less favourably than another in a similar situation because of the specific criterion under consideration;
- indirect which occurs when an apparently neutral measure, criterion, practice, act, agreement or form of conduct leads to a situation of particular disadvantage for certain categories of people, due to the specific criterion considered.
The law expressly prohibits direct or indirect discrimination based on:
- gender
- race or ethnic origin
- religion
- personal beliefs
- disabilities
- age
- sexual orientation
- trade union membership
- participating in trade union activities
- participation in strikes
Discrimination is prohibited during access to employment and work, guidance, vocational training and retraining, and during the course of the employment relationship with reference, among other things, to working conditions, career advancement, pay and grounds for dismissal.
Gender discrimination at work specifically includes:
- less favourable treatment due to pregnancy, maternity and paternity leave (including adoption) and exercise of the related rights;
- harassment, defined as undesirable behaviour – which can have a characteristic sexual connotation (sexual harassment) and be expressed in a physical, verbal and non-verbal form, which has the effect of violating the dignity of a male or female worker and creating an intimidating, hostile, degrading, humiliating or offensive atmosphere;
- dismissal due to marriage and clauses of any kind (contained in individual or collective agreements or regulations) which provide for the termination of the employment relationship of female workers as a result of marriage.
Relevant legislation
- Article 3 and 37 of the Constitution;
- Articles 15 and 16 of Law No 300 of 20 May 1970, ‘Workers’ statute’;
- Legislative Decree No 215 of 9 July 2003 ‘Implementation of Directive 2000/43/EC implementing the principle of equal treatment between persons irrespective of racial or ethnic origin’;
- Legislative Decree No 216 of 9 July 2003 ‘Implementation of Directive 2000/78/EC establishing a general framework for equal treatment in employment and occupation’; Legislative Decree No 198 of 11 April 2006 ‘Equal Opportunities Code’;
- Article 25(2-bis) of Legislative Decree No 198/2006;
- Article 26 of Legislative Decree No 198/2006;
- Article 35 of Legislative Decree No 198/2006.