Decision of the Tribunal of Rome, IV Labor Section, 12 March 2014

The Court of Rome decided on a dispute concerning the transfer of workers, who had the right of benefiting from work permits to assist family members with a disability, from one place of work to another. Such a behavior of the firm where they worked had infringed law No. 104 of 1992, with subsequent modifications, which aims at ensuring, as much as possible, protection of the rights of persons with disabilities, in the fields of medical and social assistance, professional training, work conditions, and integration in the national community. The Court stressed that the fact that the firm had concentrated either disabled workers and workers entitled to benefit from permits to assist a disabled family member in a same place of work, amounted to discrimination, in breach of Article 3.2 of the Constitution, the UN Convention on the Rights of persons with Disabilities and the Charter of Fundamental Rights of the EU.