The Court of Appeal of Turin upheld the lower court’s judgment deeming a clause of a collective agreement negotiated at the enterprise level to be discriminatory because it infringed on Articles 3 and 37 of the Constitution, Article 25, para 2bis, of Decree No. 198/2006 and Article 3 of Decree No. 151/2001.
In 2021, the applicant, a transgender woman, downloaded the app Giggle for Girls (the App), which is marketed as a “digital women-only safe space.” To register, users were required to upload a selfie, which was assessed by third-party AI software to determine gender based on appearance. The applicant was approved and used the App for eight months before being blocked, following a manual review of her selfie by a company employee.
