Protection against discrimination in employment under Italian Law
| Autor | Lisa Amoriello |
| Cargo | Attorney-at-Law, Higher Education Professional PhD in International and Comparative Labour Law and Industrial Relations |
| Páginas | 208-213 |
R.E.D.S. núm. 7, Julio-Diciembre 2015 ISSN: 2340-4647
Págs. 20ͺ-2ͳ͵
PROTECTION AGAINST DISCRIMINATION IN EMPLOYMENT81'(5
ITALIAN LAW
LISA AMORIELLO
Attorney-at-Law, Higher Education Professional
PhD in International and Comparative
Labour Law and Industrial R elations
Fecha de recepción: 20 de noviembre de 2015
Fecha de aceptación: 22 de diciembre de 2015
SUMARIO: 1. THE REGULATORY FRAMEWORK - 2. TIME PERIOD AND CONDUCT AT
ISSUE 3. THE MANIFESTATION OF CONDUCT: DIRECT DISCRIMINATION, INDIRECT
DISCRIMINATION, HARASSMENT AND SEXUAL HARASSMENT - 4. INTENDED RECIPIENTS - 5.
THE BURDEN OF PROOF - 6. REMEDIES
1. THE REGULATORY FRAMEWORK
Under Italian law, anti-discrimination provisions make up a regulatory system that
now aims to fully represent an autonomous branch of law, specifically covering employment
and working conditions. It is in the field of employment law that the matter under
consideration is able to obtain, perhaps "unintentionally", the recognition it has sought for
some time, especially since it was established as a system of guidance rules on substantially
autonomous employers’ powers (and therefore marked by an unavoidable underlying weakness)
and the matter began to creep into areas no longer occupied by binding legislation, the latter
increasingly confined and called into question with the advent of the ‘era of flexibility’.
The main reference of national legislation regarding discrimination in employment is
Article 15 of the Workers' Statute (Italian Law 300/1970), which under the heading
"Discriminatory Acts" stipulates, in the first paragraph, the invalidity of "any agreement or
action purporting to: a) make the employment of a worker conditional on joining or refusing to
join a trade union or to stop being a member; b) dismiss an employee, discriminate in the
ABSTRACT: Under Italian law, anti-discrimination provisions make up a regulatory
system that now aims to fully represent an autonomous branch of law, specifically covering
employment and working conditions. It is in the field of employment law that the matter
under consideration is able to obtain, perhaps "unintentionally", the recognition it has
sought for some time, especially since it was established as a system of guidance rules on
substantially autonomous employers’ powers (and therefore marked by an unavoidable
underlying weakness) and the matter began to creep into areas no longer occupied by
binding legislation, the latter increasingly confined and called into question with the advent
of the ‘era of flexibility’.
KEY WORDS: Anti-discrimination, employment, working conditions.
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