La valorizzazione dei lavoratori maturi (over 50): una ... - Italia Lavoro

La valorizzazione dei lavoratori maturi
now rests with the employer once the employee has shown factual elements of
discrimination which are weighty, precise and non contradictory, and this is expected
to be by means of statistical evidence provided by them. However, as the relevant
section in the legislation refers to the Italian Civil Code (where the burden of proof is
on the employee) 26 , it is possible to infer that this is also the position in respect of age
discrimination cases. This, of course, would be completely contrary to the aims of the
Directive.
In the event that the Labour Court concludes that discrimination did occur, it may
order the employer to devise a plan to eliminate discriminatory practices within its
organisation. Failure to comply with such an order will result in the imposition of
criminal sanctions. Compensation/damages are also available, although there are few
set rules in respect of their calculation. The Labour Court is a costs follow the event
jurisdiction.
3.5 Spain
Stage of Implementation
The Directive was transposed into the general framework of Spanish law in
December 2003 and came into effect in January 2004. As a result, Spain just missed
the deadline but now reports full compliance.
Content of Legislation
Discrimination
In order to apply the equal treatment principle outlined in the Directive, Article 4 of
the Workers’ Statute Act 1995 was amended, and as a result now outlaws direct and
indirect discrimination by reason of race, sex, martial status, age, social
circumstances religion or belief, opinion, sexual guideline, and trade union status.
26 Report of the European Group of Experts on Combating Sexual Orientation Discrimination - Italy
section by Stefano Fabeni (April 2004)
112