Il licenziamento discriminatorio: fattispecie e ripartizione degli oneri probatori

With regards to discriminatory dismissal, the worker has the burden of proving the risk factor and the treatment he assumes as less favorable than that reserved for subjects in similar conditions, also having to deduce a significant correlation between these elements. Instead, the employer must prove unequivocal circumstances, suitable for excluding, for accuracy, seriousness and agreement of meaning, the discriminatory nature of the dismissal. In the case decided by the Cassation, the discriminatory nature of the dismissal of a disabled worker was excluded. The employer had shown that the dismissal was due to the need to reduce the staff of a unit and on the other hand the only other employee of the company could not be fired pursuant to art. 54, paragraph 9, legislative decree n. 151/2001.