Obiettivi e tecniche del diritto diseguale nei confronti dei lavoratori svantaggiati

Unequal Law for Disadvantaged Workers: Targets and Instruments Moving from new differences (and new discriminations) between typical and atypical workers (man and women) engendered by Delegating Act n. 30/2003 as well as Legislative Decree n. 276/2003, the essay tries to evaluate if and how instruments, formally aimed at the social inclusion of “disadvantaged workers” through unequal law rules, are consistent with the fundamental principle of equality fixed by the Italian Constitution. The essay focuses on the misunderstatement of positive action as instruments of unequal law, shifted from preferential treatment (as ruled by EU Law) aimed at recovering de facto differences in the perspective of real equality, to detrimental treatments aimed at creating more job opportunities for disadvantaged workers (women included), disregarding their potential and real discriminatory impact.