An employer fired a woman after learning of her intention to start an assisted reproduction process. The local court and the court of appeal stated that such dismissal was substantially due to gender discrimination against the employee who wanted to start the assisted reproduction process. Such decisions were challenged by the employer who argued that the dismissal of the employee was not connected to any gender discrimination but rather to the absences for illness that would have affected the efficient management of the work. The Italian Supreme Court confirmed that the dismissal was null and void due to a gender discrimination, irrespective of the fact that the assisted reproduction process had been commenced or not and sentenced the employer re-hire the employee and to pay her the relevant salaries as if she had never been fired.
Women and Justice: Court: Corte di Cassazione: Sezione Lavoro (Supreme Court: Labor Section)
Domestic Case Law
Sentenza n. 6575/2016 Corte di Cassazione: Sezione Lavoro (Supreme Court: Labor Section) (2016)
Employment discrimination, Gender discrimination