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Italian Court of Cassation (Corte di Cassazione italiana), Labor Section, No. 31071/2021, 2 November 2021

Type Judgment
Case number 31071/2021



Failure to hire a teacher by a Catholic educational institution due to her sexual orientation.

Normative references

legislative decree n. 150 of 2011


It is not permissible for religious educational establishments to discriminate against candidates on the basis of their sexual orientation when selecting teachers. It follows that parochial schools cannot make being heterosexual a requirement for employment, therefore not taking into account applications from homosexual persons. In addition, individuals who suffer such discrimination are awarded compensation for non-pecuniary damage pursuant to art. 28 co. 5 of the legislative decree n. 150 of 2011.