Molestie Sessuali
In accordance with art. 26 of the Code of Equal Opportunities, harassment is "unwanted conduct related to the sex of a worker with the purpose or effect of violating the dignity of a person, and of creating an intimidating, hostile, degrading, humiliating or offensive environment" and "is regarded as discrimination on the ground of gender’. Any less favourable treatment based on a worker’s rejection of or submission to harassment on ground of sex or sexual harassment, in response to a complaint requiring the employer to comply with the principle of equal treatment between men and women are all regarded as discrimination.
Other than the Code of Equal Opportunities, sexual harassment is prohibited under labour law/civil code (art. 2087) in the concept of mobbing and Penal Code in the crimes of rape (art. 609 bis of Penal Code), Stalking (art. 612 of Penal Code inserted by Law No. 38 of 23 April 2009), harassment or disturbance to other persons (art. 660 of Penal Code) and Insults (Art. 594 of Penal Code). In accordance with art 2087 of Civil Code, a worker is entitled to damages if his moral personality has been harmed by employer or other co-workers. An employer must adopt the measures necessary to preserve the physical integrity and mental health of employees. An employer is liable for the actions of its employees in breach of the employment contract if the employer did not take all measures necessary to avoid or stop sexual harassment from occurring.
Art. 37-38 of the Code of Equal Opportunities provide for specific form of recourse for victims of discrimination including acts of sexual harassment. The articles establish an emergency procedure according to which the employee may claim for damages against the employer or alleged offender before the Court. The court can order the offender to stop discriminatory conduct (harassment or sexual harassment). If the employer or offender does not comply with the court order, it may result in a fine of approximately €50,000 and a custodial imprisonment for a term of 6 months.
Source: Law of 20th May 1970, n. 300 - Workers' Statute; Legislative Decrees of 9th July 2003, n. 215 and n. 216; Legislative Decree of 11th April 2006, n. 198 - Code of Equal Opportunities; Civil Code; Penal Code
