Italy
Overview
Please review the information below and then return to the workplace harassment prevention course.
Harassment and discrimination based on a protected characteristic are prohibited under national law. National law also provides employees protection from bullying.
Applicable Laws
The primary national laws prohibiting employment discrimination and harassment on the basis of any protected characteristic are:
- The Workers’ Statute (Law no. 300 of 20 May 1970),
- Legislative Decree no. 215 of 9 July 2003,
- Legislative Decree no. 216 of 9 July 2003, and
- Legislative Decree no. 198 of 11 April 2006.
Employers have an obligation, under Article 2087 of the Civil Code, to take measures necessary to protect employees’ psychological and physical safety. This obligation has been interpreted to require employers to prevent workplace bullying, even if not related to a protected characteristic.
Protected Characteristics
Harassment or discrimination based on any characteristic set forth below is prohibited in Italy.
- Sex (including pregnancy)
- Marital status
- Political opinion
- Trade union membership
- Religion
- Race or colour
- Language
- Disability
- Age
- Sexual orientation
- Personal beliefs
- National, social or ethnic origin
- HIV positive status
Regional, state or other political subdivision laws may provide additional, separate standards and remedies for certain prohibited conduct.
Definitions
Harassment
Harassment is unwanted conduct relating to a protected characteristic which has the purpose or effect of violating a person’s dignity and creating an intimidating, hostile, degrading, humiliating or offensive environment.
Sexual Harassment
Sexual harassment is unwanted verbal, non-verbal or physical conduct of a sexual nature, with the purpose or effect of violating a person’s dignity, in particular by creating an intimidating, hostile, degrading, humiliating or offensive environment.
Filing a Claim in Italy
A claim for employment discrimination, harassment or bullying may be filed in the Labour Court.
Potential Remedies
In Italy, an employee who has experienced workplace discrimination or harassment may be entitled to monetary and other remedies. An employer may be required to take certain actions to correct or redress discriminatory harassment or violations of workplace safety standards. Potential remedies are listed below.
- Hiring
- Transfers
- Reassignments
- Promotions
- Reinstatement to a position
- Compensation for lost wages and benefits
- Damages for injury to dignity or feelings
- Cease and desist orders
Retaliation Prohibited
Employer retaliation against an employee who files a complaint relating to discrimination or harassment or is involved in the complaint process is unlawful.
The information contained on this page is for informational purposes only.
It does not, and is not intended to, constitute legal advice.