Firing a teacher for her sexual orientation is discriminatory. This was sanctioned by the work section of the Court of Cassation who put the word “end” to the affair involving a teacher from Trentino: the teacher did not see her contract renewed in 2014 by a Religious Institute (Catholic) for the suspicion that he had a partner. With a sentence of 7 March 2017, the Court of Appeal of Trento condemned the Institute, also due to the retaliatory and defamatory nature of its conduct, to compensate the teacher for the damage from discrimination for 30,000 euros by way of non-pecuniary damage and for 13,329 euros by way of pecuniary damage, as well as the CGIL associations of Trentino and Radical association Certain rights the sum of 10,000 euros each as compensation.
The Institute had filed an appeal in cassation in 2017 with five reasons, all today rejected by the Supreme court. In particular, the Labor Section held that the freedom of teaching of a religious body does not constitute a carte blanche to openly discriminate against people. The ordinance reads: “The applicant invokes provisions, including constitutional ones, at the basis of the freedom of organization of the religious institute, but does not adequately explain how this freedom can legitimize openly discriminatory conduct such as those considered and ascertained by the Trentino judges”.
The teacher from Trentino, through her lawyer, the lawyer Alexander Schuster expresses relief at the definitive closure of a very painful affair which, by the will of the Catholic school, has reached the point of judgment in the Supreme Court. However, she is happy that clarity has finally been achieved as to the fact that even in religious organizations, people have the right to freely live their private life and to have their dignity respected. For the teacher, the truth that emerged is also important, because – we learn from the lawyer Schuster – he morally compensates her for the erroneous judgment reached by the then president of the Autonomous Province of Trento Ugo Rossi, who investigated the facts and, despite having the same information as the judges, concluded that there were no offenses and that no measures should be taken against a school with an agreement for public service. The Institute was also sentenced to pay legal fees of € 9,870, including accessories.
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