Devaluation of Part-Time Work and Indirect Discrimination Against Female Workers

The Italian Supreme Court (Corte di Cassazione), with Order n. 4313 of February 19, 2024, ruled in favor of a female employee working under a part-time contract, recognizing her as a victim of discrimination. Indeed, For economic progression, the employer gave her a lower score based on her part-time hours compared to full-time colleagues with the same seniority. The Court clarified that a full-time employee does not necessarily acquire more experience than a part-time one. Moreover, it emphasizes that the quality of the work performed is a more relevant measure of comparison.

The Importance of the 2023 Ruling and the Concept of Indirect Discrimination

As early as 2023, the Supreme Court had addressed this issue in Judgment No. 10328, in which it stated that:

there can be no automatic correlation between a reduction in working hours and a reduction in seniority to be considered for economic progression purposes.

talian Supreme Court – Judgment No. 10328, 2023

In other words, the Court placed the burden of proof on the employer to demonstrate that the relationship between seniority and working hours had a rational basis and did not amount to discrimination against part-time employees.

In the case examined under Order No. 4313, the Supreme Court upheld the lower court’s decision, which had relied on statistical evidence showing that most part-time work requests within the company came from women. This finding reflects a broader Italian reality, where part-time employment is predominantly chosen by women as a means to balance work, family, or caregiving responsibilities.

The Devaluation of Part-Time Work

The devaluation of part-time work may amount to indirect gender discrimination, as defined under Article 25 (2) of Legislative Decree No. 198/2006, which occurs when:

a provision, criterion, practice, act, agreement, or behavior — including those of an organizational nature or related to working hours — that appears neutral in form, places or may place candidates during selection or workers of one sex at a particular disadvantage compared to workers of the other sex, unless such measures relate to essential job requirements, provided that the objective is legitimate and the means of achieving it are appropriate and necessary.

Art. 25 (2) of Legislative Decree No. 198/2006

Such devaluation, resulting in the denial of economic advancement, indirectly penalizes women, who, as the Court noted, already face barriers in accessing the labor market.

The jurisprudential principles recalled above deserve particular attention, especially for organizations preparing to pursue Gender Equality Certification (Art. 46-bis of Legislative Decree No. 198/2006). This certification can be obtained through corporate policies aimed at reducing the gender gap, ensuring equal career opportunities, equal pay for equal work, and implementing inclusive management practices that address gender differences.