Answer ... Article 2 of the Constitution guarantees citizens’ inviolable rights; and Article 3 of the Constitution requires equal treatment regardless of sex, race, language, political opinion or personal or social conditions.

Article 37 of the Constitution enshrines an important principle: female workers should receive the same rights and the same pay as male workers for equal work (or duties, but not performance).

The Code of Equal Opportunities between Men and Women was issued through Legislative Decree 198/2006.

Equality between workers must be ensured with regard to:

• access to employment (in whatever form), including selection, recruitment, promotion and training criteria;
• remuneration – any form of direct or indirect discrimination concerning any aspect or condition of remuneration is prohibited with regard to the same job or work to which equal value is attributed;
• career advancement;
• social security benefits; and
• dismissal.

Discrimination can be:

• direct, where a provision, criterion, practice, act or behaviour has a discriminatory effect (eg, giving preference to a man over a woman in equivalent circumstances); or
• indirect, where a seemingly neutral practice, act, pact or behaviour puts one worker at a disadvantage compared to another (in a company with pay differences between part-time workers and full-time workers, the former are mainly women).

Answer ... Equality between men and women must be guaranteed in all areas of working life, including:

• access to employment, training, professional promotions, careers and social security;
• pay; and
• termination of employment.

Other forms of discrimination are also prohibited, as follows:

• race and ethnic origin – that is, less favourable and differential treatment suffered by one person compared to another due to his or her race or ethnic origin;
• religion and belief – that is, less favourable and differential treatment suffered by one person due to his or her personal beliefs (or lack thereof) or religion, except in the case of public or private organisations that are based on a specific religion or belief;
• disability – except where the physical, mental or sensory disabilities of a disabled worker may endanger him or her, colleagues or third parties;
• age – unless a distinction is necessary to protect the worker;
• sexual orientation;
• language and nationality – except where nationality or citizenship is required as a condition for a particular type of work (eg, public service, army);
• personal opinions – the employer may not investigate an employee’s opinions or any facts that are irrelevant to the assessment of professionalism; and
• trade union activity – every worker has the right:
• • to form or join a trade union;
  • to engage in trade union activity; and
  • to participate (or not) in a strike (except for essential public services).

Generally, all discriminatory conduct is prohibited unless differences are an essential and determining requirement for employment.

Answer ... There are specific forms of protection, as follows:

• Gender: Positive action being taken to address discrimination between male and female workers includes measures such as:
• • incentives for female entrepreneurship;
  • promotion of flexible working hours:
  • reversible part-time, flexible hours;
  • training courses for women to encourage their participation in traditionally male sectors; and
  • crèches for female workers.
• The implementation of such positive action is entrusted to the National Committee for Equality at the Ministry of Labour (in addition to local councils), with the aim of preventing discriminatory behaviour on the grounds of sex and removing other obstacles that limit equality between men and women in the workplace. These bodies promote equal opportunities and are involved in various procedures to identify potential discrimination against women workers. Women-only quotas are compulsory in public administrations and control bodies of listed companies.
• Disability: An employer must take effective measures and organise the workplace according to a person’s disability – including rearranging the work premises and adapting equipment, work rhythms and/or the division of tasks – unless these measures would create disproportionate financial burdens. Public institutions may subsidise workplace adaptation. Employers are obliged to employ a certain percentage of disabled workers in relation to the total number of employees in the company.
• Religion: Employees can ask companies to allow them to fulfil their religious mandates, such as observing a day of rest other than Sunday or a particular diet in the canteen.

Answer ... Article 15 of the Workers’ Statute declares null and void any act or pact that is prejudicial to the worker on the grounds of gender. This prohibition was extended by Legislative Decrees 215/2003 and 216/2003 to include political, religious, racial and linguistic grounds.

Employees can appeal against discriminatory conduct to an employment tribunal, either individually or collectively.

An employee can apply individually to the employment tribunal. The action may be ordinary or urgent. A request can be made for a declaration of nullity and cessation of the discriminatory act, as the case may be. Protection is provided to the employee, granting compensation and restoration, such as the adoption of a plan to remedy the discriminatory effects.

A worker who has suffered discrimination can also start a procedure under Article 38 of the Equal Opportunities Code. In the event of discriminatory behaviour, the worker (or the trade union on his or her behalf) or an equal opportunities adviser can file an urgent complaint with a judge to obtain an order for cessation of the behaviour and remediation of its effects, in addition to compensation for any prejudice suffered.

The action may be brought independently by the competent equality adviser if the discriminatory conduct was collective. In this case, once again, the action may be ordinary or urgent. In the case of collective action, the results of the action will not be limited to the individual sphere but will allow for a collective plan to remedy the discriminatory effects.

In these proceedings, whether ordinary or urgent, the employee must prove to the judge facts (eg, relating to pay or duties) that suggest the existence of discriminatory acts or agreements. Conversely, the employer must prove that no discrimination took place.

Answer ... Upon finding that a certain behaviour was discriminatory, the judge may adopt measures to prevent such behaviour in the future or to remedy behaviour that has already taken place.

In the former case, an action for injunctive relief is exercised by means of either an urgent appeal or an ordinary court action. Subsequently, compliance with the judicial order will be ensured through the application of coercive measures regulated by law.

In the latter case, restorative, restitutive or compensatory measures are taken. More specifically, the judge may adopt any appropriate measures to remedy the effects of the discrimination. In this case, the judge may order the offender to pay damages and may order the defendant to adopt a plan to remedy the discrimination.

The Equal Opportunities Code provides that in case of violation, a fine or a penalty must be paid for each day of delay in the adoption of the measures ordered by the judge.

Any discriminatory behaviour in the Italian legal system is considered a null and void legal act under Article 15 of the Workers’ Statute and Article 4 of Law 108/1990 as regards dismissal. Thus, a discriminatory dismissal is sanctioned by nullity and the employee is entitled to compensation equal to the salary accrued from the date of dismissal until the date of actual reinstatement in his or her job, and in any case not less than five months’ salary.

Answer ... The same protections as for discrimination apply against any conduct that is detrimental to human dignity, both during and on termination of the relationship.

Legislative Decree 5/2010 extends judicial protection for discrimination to bullying – that is, retaliatory behaviour by the employer against action taken to enforce equal treatment.

Law 4/2021 ratified and implemented in Italy International Labour Organization Convention 190 on the Elimination of Violence and Harassment in the Workplace (Geneva, 21 June 2019).

The convention focuses on threats, bullying and stalking. The convention protects workers and all those in any work environment, regardless of the type of contract, including trainees, apprentices, laid-off workers and volunteers.

Article 1 defines ‘violence’ and ‘threats’ as threated or actual practices and behaviour, whether individual or repeated, that are aimed at, cause or result in physical, psychological, sexual or economic harm, including gender-based violence and harassment.

Under the convention, Italy is obliged to adopt specific rules regarding:

• consultation with workers and their representatives on a company policy on violence and harassment at work;
• the inclusion of violence and harassment, as well as related psychosocial risks, in occupational health and safety management;
• the identification of hazards and risk assessments relating to violence and harassment; and
• the provision of information and training to workers and other stakeholders on the dangers and risks of violence and harassment and relevant prevention and protection measures.