Discriminatory Dissmisall

The Cassazione Civile, Sezione Lavoro, by order 20 May 2024, n. 13934, held that the Council Directive of 27 November 2000, C-2000/78/EC, establishing a general framework for equal treatment in matters of employment and working conditions, and . in particular, Articles 1 and 2, paragraphs 1 and 2 a), shall be interpreted as meaning that the prohibition of direct discrimination provided for therein is not limited to persons who are themselves disabled: It follows that the appeal judgment which does not consider the possible discriminatory nature of the dismissal for objective justified reason of a worker who, while benefiting from L. 104/1992 for the care of a seriously disabled family member, must be set aside by reference; rejects the transfer on the grounds that there would be company headquarters closer to the disabled person’s residence, whereas the court of second instance considers the worker’s different subjective position solely as regards the employer’s obligation to reemploy him otherwise, where it should have examined the case first to check whether, on the basis of what was inferred and proved in the case, there was a significant correlation between this position, which is an integral risk factor in the terms subsequently clarified, and the solutions proposed before proceeding to the dismissal.