The non-renewal of a xed-term contract by a Catholic school of a worker believed to be gay con gures an individ- ual direct discrimination based on sexual orientation and a collective discrimination against workers potentially to be recruited by the school. This note addresses the relevant points of the judgment of the Court of Rovereto of 21th of June 2016 taking into account the regulatory context on which the judgment relies (Directive (CE) 2000/78; D.Lgs. 216/03); the Author analyses in particular derogations or exceptions to the operation of the prohibition of discrimination based on sexual orientation in organizations the ethos of which is based on religion or belief after the recent reforms in employment law. The legislative decree (D.Lgs. 81/15) reduces the margin of exclusion from the common rules even with regard to dismissals. Among the many reasons that explain the importance of the judge- ment the note highlights the statement by the Court - not at all obvious under Italian law - that the only permitted discrimination in religious organizations is on the ground of personal and religious convictions of male and female workers or candidates, to the exclusion of any other grounds (including sexual orientation).
Organizzazioni di tendenza e orientamento sessuale: il valore (non solo simbolico) del caso di Trento
Laura Calafà
2017-01-01
Abstract
The non-renewal of a xed-term contract by a Catholic school of a worker believed to be gay con gures an individ- ual direct discrimination based on sexual orientation and a collective discrimination against workers potentially to be recruited by the school. This note addresses the relevant points of the judgment of the Court of Rovereto of 21th of June 2016 taking into account the regulatory context on which the judgment relies (Directive (CE) 2000/78; D.Lgs. 216/03); the Author analyses in particular derogations or exceptions to the operation of the prohibition of discrimination based on sexual orientation in organizations the ethos of which is based on religion or belief after the recent reforms in employment law. The legislative decree (D.Lgs. 81/15) reduces the margin of exclusion from the common rules even with regard to dismissals. Among the many reasons that explain the importance of the judge- ment the note highlights the statement by the Court - not at all obvious under Italian law - that the only permitted discrimination in religious organizations is on the ground of personal and religious convictions of male and female workers or candidates, to the exclusion of any other grounds (including sexual orientation).
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