Italian Court rules that a dismissal based on sexual orientation is wrongful

With order no. 31071/2022, the Labour Section of the Court of Cassation rejected the appeal presented by a catholic school that had decided not to renew one of its teachers’ contracts due to their sexual orientation.

The Court’s order reads: 'The appellant (the school) invokes provisions, including constitutional ones, as a basis for the freedom of organisation of the religious institute, but does not adequately explain how this freedom can legitimise openly discriminatory conduct such as that considered and ascertained by the Trentino judges'.

The dismissal was considered illegitimate and the school was ordered to pay the legal costs incurred by respondent as well as damages for material and non-material harm.