ABSTRACT
In Italy, as in many other countries, the recent pandemic has contributed to enriching the debate as to the problem of discrimination in the workplace. Social and economic restrictions introduced by the Government in order to slow the spread of Covid-19 have, paradoxically, exacerbated existing inequalities, especially those relating to gender, and created new ones. The aim of this chapter is to examine what role anti-discrimination law can play in addressing these inequalities and consider how the law should respond to the new challenges. The chapter provides an analysis and critique of current judicial approaches to discrimination law. Particularly, it deepens the recent case law on discriminatory dismissal and discrimination on the grounds of trade union membership, dealing with some conceptual and enforcement-related issues. First of all, the difficulties in drawing a bright line distinction between direct and indirect discrimination will be pointed out (§§ 3 and 3.1). In respect of this, the chapter will focus on the recent and relevant ruling of the Tribunal of Bologna on discrimination by algorithm. Finally, this topic will be taken into account with regard to other problems, such as those of burden of proof, statistical evidence (§ 4), legal standing, and collective interest bodies entitled to bring enforcement proceedings (§ 5).
