A driver from the Bologna and Ferrara transport company was fired for insulting a colleague. In front of some passengers, at a stop, he had said to her: «But why did you get pregnant too? You are not lesbian? And how did you get pregnant?». The Cassation established that the dismissal was not an excessive sanction, but a fair one because it is discrimination. After the episode, the woman had immediately presented a complaint to the company which, believing the behavior of the driver seriously detrimental to the principles of the corporate Code of Ethics and the rules of civil coexistence, had fired him for just cause and without the right to compensation.
The Court of Appeal of Bologna, in 2020, had deemed the company’s decision excessive defining the behavior of the driver only inurban and the dismissal disproportionate, reducing it to unilateral withdrawal by the employer.
The Cassation instead refers the decision to the Court of Appeal asking to review it by verifying “the existence of the just cause for dismissal in the light of the correct reference scale of values”. It is “an undeniable result of the evolution of society in recent decades”, write the judges, “the acquisition of awareness of the respect that any choice of sexual orientation deserves”. It pertains to “an intimate and absolutely private sphere of the person”, the intrusion into this sphere with mockery cannot be considered only an urban conduct, but is instead a real discrimination.
The Supreme Court recalls that the Code of Equal Opportunities between men and women also considers harassment as discrimination, i.e. “those unwanted behaviors, carried out for reasons connected to sex, with the purpose or effect of violating the dignity of a male or female worker and creating an intimidating climate , hostile, degrading, humiliating or offensive”.
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Source: Vanity Fair
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