ROME Are gay temporary workers at risk of discrimination? This question arises after the case in which an associate of Senate Vice President Fisichella was removed from his job for being photographed in a Roman gay club. Let's compare this to what happened 15 years ago: a gay worker with a permanent contract could still defend himself.
Today, in the age of precarious employment, this becomes an impossible feat. "In 1989, a young bank employee, Massimo Mariotti, was photographed holding condoms at a LILA (Italian League for the Fight against AIDS) demonstration and was suspended for five days for being openly homosexual. He turned to the CGIL (Italian General Confederation of Labour) and was reinstated. Now he's in charge of the CGIL office at Milan's gay center," he says. Maria Gigliola Toniollo, head of the CGIL New Rights Office, which has been on the front lines of anti-gay and trans discrimination for 15 years. "The crime of manifest homosexuality doesn't exist, and there's no provision for firing someone because they're gay. The five-day suspension was illegal," adds Toniollo. What's happening today? "Mobbing is the discriminatory weapon, but precarious work has changed a lot. For example, you contact a temporary employment agency; the first time they hire you, the second time they don't. In these cases, there's no way to intervene; there's no criterion that gives the worker the right to be called in.".
The story of a young man who worked at a computer megastore, also offering advice to customers, leaves no room for doubt. "He made no secret of his sexual orientation. His partner always came to pick him up in the evenings. So, once the first round of work was over, he wasn't called back. He approached them several times, unaware, given the quality of the work he'd done, that his contract wasn't renewed. Then, from comments and jokes, he got confirmation: they weren't renewing his contract because he's gay," explains Maria Gigliola Toniollo, adding: "Without a contract, there's no protection. This is what happens in the Chamber of Deputies, where people who work for parliamentarians are often underpaid.".
How can you protect yourself? If you have a permanent employment contract with a company with more than 15 employees, protected by the workers' statute, numerous measures are available. And in the public sector? "In the private sector, a relationship of trust with the employer is crucial. In the public sector, where entry is linked to competitive examinations, there is more protection. In public places, bullying can occur, but the risk of job loss is lower," continues Toniollo. It's no coincidence that numerous anti-bullying centers are springing up within the CGIL (Italian General Confederation of Labour).
Even when faced with a permanent job, the employee faces a dilemma: reporting discriminatory behavior based on sexual orientation automatically means coming out as gay. And sometimes, silence is preferred. Again. "There are cases of lesbians and gay men whom we struggle to help because the mobbing mechanism leads to such demotivation that it becomes the very cause of their job loss," Toniollo continues. The worker, isolated from superiors and colleagues, deprived of rewarding tasks, devalued day after day, often takes time off, performs very poorly, and isolates himself. He loses ground in terms of rights and throws in the towel.
There is news on the protection front. European Directive 78/2000 against discrimination in the workplace against homosexuals and transsexuals It was implemented by a government decree that did not adopt the "reversal of the burden of proof." Contrary to the EU's provisions, our government maintained that it is the discriminated worker who must provide evidence of the discrimination he or she claims to have suffered. This is a very difficult task. Often, however, it is possible to rely on testimonies that colleagues, however, resist providing for fear of retaliation.
«"An absolutely unsatisfactory implementation," Toniollo concludes. The new European commissioners will have to monitor the directive's proper implementation. Barroso's team, which also includes an Italian representative and is forced to acknowledge the decree's weaknesses, will be tasked with intervening. Is another conflict looming between the EU and the Italian government?