(ANSA) - ROME, MARCH 09 - The acquisition of awareness of the respect that any choice of sexual orientation deserves is "an undeniable result of the evolution of society in recent decades" and of the fact that it "relates to an intimate and absolutely private sphere of the person" therefore" the intrusion into this sphere" with "mockery mode", -saying to a colleague "how did you come out pregnant? aren't you a lesbian?"
- in the workplace, it cannot be considered only "urban conduct" but it is a real "discrimination" to be punished with outright dismissal.
The Cassation underlines this.
Thus the Supreme Court - verdict 7029 of the Labor Section - accepted the appeal of Tper spa, an Emilian public transport company, which wanted to fire on the spot,
for "just cause" and without any right to compensation, one of his employees' drivers who at the bus stop had addressed a colleague, who had recently given birth to twins, the phrase "but why did you get pregnant too? but why aren't you a lesbian ?'", and with "derisory" he added "and how did you come out pregnant?".
The woman, also a driver, had immediately presented a complaint to the company.
But for the Court of Appeal of Bologna those words were only an "urban behavior" and did not deserve dismissal, but only the employer's unilateral withdrawal with a sentence to compensate the driver twenty months' pay.
According to the "stoats", on the other hand, "the evaluation of the trial judge in bringing mere 'inurban' behavior