Trans people and work

Can trans people work freely in Italy? The legal answer is yes: workplace discrimination based on gender identity is prohibited by European and Italian law. The practical answer, however, tells a different story. According to the ISTAT-UNAR survey of 2023, 57.1% of trans and non-binary people who were employed or formerly employed consider that their gender identity constituted a disadvantage in their working life [1][2]. One in two experienced discrimination already during the job search phase [1]. This article analyzes the regulatory framework, real data on discrimination, and offers practical tools for those facing the working world as a transgender person.

The regulatory framework: European protections

The ruling that changed everything: P. v. S. (1996)

European law has protected trans people from workplace discrimination since 1996. That year, the Court of Justice of the European Union issued a landmark ruling in the case P. v. S. and Cornwall County Council (Case C-13/94) [7]. P., an employee of an educational institution in Cornwall, was dismissed because she had communicated her intention to embark on a gender transition pathway. The Court established a fundamental principle: dismissing a person for reasons related to sex reassignment means treating them less favorably compared to people of the sex to which they were considered to belong before such transition. In other words, discrimination for sex reassignment constitutes sex-based discrimination, prohibited by European law [7].

This ruling paved the way for concrete legal protection. The Court stated that the right not to be discriminated against on grounds of sex is one of the fundamental rights of the human person, and that its scope cannot be limited to discrimination between men and women in the traditional sense, but must necessarily also encompass discrimination arising from sex reassignment [7].

Directive 2006/54/EC (Gender Recast Directive)

The P. v. S. ruling was subsequently codified in Directive 2006/54/EC, known as the Gender Recast Directive, concerning the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation [4]. Recital 3 of the preamble, for the first time in a European law, explicitly references the fact that the Court of Justice has deemed the principle of equal treatment applicable also to discrimination arising from sex reassignment [4].

The Directive covers fundamental areas of working life: access to employment, including promotion, vocational training, and working conditions, including pay [4]. It applies to all workers in both the public and private sectors. This means that, in every EU Member State, a trans person has the right not to face discrimination at any stage of the employment relationship, from hiring to pay, from training to career advancement.

Directive 2000/78/EC

Directive 2000/78/EC establishes a general framework for equal treatment in employment and working conditions, prohibiting discrimination based, among other factors, on sexual orientation. Although the text does not explicitly mention gender identity as an autonomous protected category, the case law of the Court of Justice has extended the protections provided by the directive to transgender people as well, categorizing discrimination based on gender identity as sex-based discrimination [7].

Protections under Italian law

Legislative Decree 216/2003

In Italy, Legislative Decree No. 216 of July 9, 2003 implements Directive 2000/78/EC and establishes equal treatment in employment and working conditions, prohibiting discrimination based, among other factors, on sexual orientation [5]. The decree applies to both public and private sectors and covers access to employment, working conditions, vocational training, and affiliation with trade union organizations.

Italian case law has extended the application of this decree to discrimination based on gender identity as well, categorizing it as sex-based discrimination. This means that, in practice, a trans person who suffers dismissal, denied career advancement, reduced pay, or any other unfavorable treatment motivated by their gender identity has the right to appeal to the labor court invoking anti-discrimination legislation.

The decree provides an important mechanism: the partial reversal of the burden of proof [5]. When the claimant provides factual elements from which the existence of discriminatory acts, agreements, or behaviors may be presumed, it is up to the respondent (the employer) to prove the non-existence of discrimination. This provision is fundamental because discrimination is often difficult to prove.

Legislative Decree 5/2010

Legislative Decree No. 5 of January 25, 2010 transposes Directive 2006/54/EC, strengthening the principle of equal treatment between men and women in employment [6]. Combined with the case law of the EU Court of Justice that includes trans people in the protection from gender discrimination [7], this decree further expands the protections available under Italian law.

Law 164/1982 and its employment implications

Law No. 164 of 1982 governs the rectification of sex attribution and contains a principle with direct implications for the workplace: after legal rectification, documents must show exclusively the new name and new gender [14]. This means that the employment contract, payslip, company badge, and every other work document must be updated. No trace of the previous gender must remain in official documents, and the employer has no right to know the employee’s transition history.

The data: discrimination in reality

The ISTAT-UNAR 2023 survey

The exploratory survey conducted by ISTAT and UNAR in 2023 on workplace discrimination against trans and non-binary people offers the most complete statistical picture available in Italy [1][2]. The results are significant and deserve detailed analysis.

Discrimination in job seeking. One in two people reports having experienced at least one event of discrimination related to their gender identity during the job search. 46.4% of respondents report not having attended an interview or not having applied for a job, despite having the qualifications, because they were convinced that their gender identity would negatively affect the outcome [1][2]. This data captures not only discrimination experienced, but also anticipated discrimination: the preventive renunciation of job opportunities out of fear of rejection.

Discrimination during employment. 57.1% of employed or formerly employed people consider that their trans or non-binary gender identity constituted a disadvantage during their working life in at least one of the three areas considered: career and professional growth, recognition and appreciation, income and pay [1][2]. Over eight out of ten report at least one form of micro-aggression related to gender identity in the workplace. 37.1% report having experienced a hostile climate or aggression in the workplace for reasons related to gender identity [1][2].

Specific forms of disadvantage. The discriminatory situations reported most frequently include not having received promotions or career advancement and having lower pay (26.3%), and being denied leave or not requesting time off to avoid it being denied or creating an unfavorable climate (26.3%) [2].

The impact on trans women. The data shows an even higher incidence for trans women: 40.6% of people whose gender identity was visible or recognizable experienced at least one event of discrimination at work, with a percentage rising to 54.3% among trans women [1][2]. This data confirms the intersection between transphobia and sexism, which exposes trans women to double discrimination.

European data: FRA EU LGBTIQ Survey III (2024)

At the European level, the third survey by the FRA (European Union Agency for Fundamental Rights) of over 100,000 LGBTIQ people confirms the Italian picture [3]. One in three trans people who were employed or looking for work in the year preceding the survey reported feeling discriminated against [3]. This is a significantly higher figure than the average of one in five among all LGBTIQ respondents. In every country analyzed, two-thirds of respondents had witnessed negative comments or hostile behavior toward an LGBT+ colleague in the workplace [3].

Job searching: challenges and strategies

The job interview

The interview represents one of the moments of greatest vulnerability. The law is clear: the employer has no right to ask questions about the candidate’s gender identity, transition history, or civil registry document status [5]. Questions like “were you a man?” or “have you had the operation?” are illegitimate and constitute direct discrimination under Legislative Decree 216/2003.

If during an interview you are asked a question about your gender identity, you have several options. You can refuse to answer, explaining that the question is not relevant to the professional role. You can take note of the episode (date, time, exact question, interviewer’s name) for a potential report. You can contact UNAR [10], Rete Lenford [11], or a local association to evaluate whether to proceed with legal action.

The resume and documents

Before legal rectification, the resume poses a practical question: the legal name and the chosen name may not match. There is no obligation to include the deadname on the resume. If you have a recognized alias identity (for example in a university context or from a previous employer), you can use the chosen name in professional communications. After rectification, your documents reflect the correct gender and you are not required to reveal your transition history [14].

Diplomas and certifications issued before rectification can present a practical problem, as they bear the previous legal name. Some Italian universities allow the reissue of a diploma with the rectified name. For professional certifications, it is advisable to contact the issuing body to verify the possibility of updating.

Managing transition in the workplace

Communication and planning

For those who begin or continue the transition process while already employed, managing communication in the workplace is a delicate but manageable issue. There is no single correct way to proceed: the choice depends on the company context, the perceived level of safety, and personal preferences.

If the company has a structured human resources office, a useful first step is a meeting with HR. In this setting, the following can be defined: the methods of communication to colleagues (who will do it, when, how), the timeline for transitioning in name and pronouns used, the updating of emails, badges, and internal documents, and access to restrooms consistent with one’s gender identity.

Alias identity in the workplace

Even before legal rectification, some companies and public administrations have adopted alias identity policies that allow transgender employees to use their chosen name in internal communications, company emails, and identification badges. In September 2024, the Ministry of Justice issued a circular for the activation of alias identity for employees of the Judicial Administration, setting an important precedent in the public sector.

The alias has no legal value: contractual and tax documents continue to bear the legal name until judicial rectification. However, using the chosen name in daily interactions, emails, and shared spaces significantly reduces distress and the risk of non-consensual outing.

Restrooms and dress code

Access to restrooms consistent with one’s gender identity is a practical issue that frequently arises. There is no Italian law that prohibits a trans person from using the restroom corresponding to their gender. The guidelines of international organizations recommend that transgender people have access to restrooms consistent with their gender identity, not with the sex assigned at birth.

Regarding dress codes, an employer who imposes a dress code on a trans person that is inconsistent with their gender identity commits direct discrimination. If the company provides gender-differentiated uniforms, the trans person has the right to wear the one corresponding to their identity.

Discrimination: how to recognize it and how to act

Forms of workplace discrimination

Workplace discrimination does not manifest itself only through explicit dismissal. It can take different forms, often more subtle but equally harmful.

Direct discrimination: refusal of employment, dismissal, denied promotion, pay reduction motivated by gender identity. Legislative Decree 216/2003 defines it as less favorable treatment compared to that given to another person in an analogous situation [5].

Indirect discrimination: provisions, criteria, or practices that are apparently neutral but place trans people at a disadvantage [5]. For example, a company requirement for updated identity documents for hiring in a context where the timeline for legal rectification is long.

Harassment and micro-aggressions: intentional use of the deadname, systematic misgendering (use of incorrect pronouns), comments about physical appearance, invasive questions about transition, jokes, or mockery. The ISTAT-UNAR 2023 survey documents that over 80% of employed trans people have experienced at least one form of micro-aggression in the workplace [1][2].

Mobbing: repeated and systematic persecutory behavior aimed at marginalizing, isolating, or forcing the trans worker to resign. Mobbing based on gender identity is punishable both as discrimination and as a violation of the employer’s obligation to protect the physical and moral integrity of the worker (Art. 2087 of the Civil Code).

How to report and take action

If you experience workplace discrimination because of your gender identity, you have several tools available.

UNAR (National Office against Racial Discrimination). Despite the name, UNAR handles all forms of discrimination, including those based on gender identity. You can file a free report through the Contact Center at the toll-free number 800.90.10.10 (active Monday to Friday, 8 AM to 5 PM) or by filling out the online form at www.unar.it [10]. The service guarantees confidentiality and privacy protection.

Rete Lenford - LGBTI+ Rights Legal Association. This association offers free legal assistance through the SOS Rete Lenford helpline [11]. Specialized lawyers can evaluate your case and assist you in judicial and out-of-court proceedings. The service is particularly useful for those who don’t know how to legally frame the discrimination experienced.

Labor court. You can file an appeal with the competent labor court, also through the urgent procedure provided by Art. 28 of Legislative Decree 150/2011 for civil actions against discrimination. Remember the principle of partial reversal of the burden of proof: if you present elements that suggest discrimination, it is up to the employer to demonstrate that the unfavorable treatment was not motivated by your gender identity [5].

Equality Counselor. The Equality Counselor (Consigliera di Parita), present at national, regional, and provincial levels, has the task of promoting equal opportunities and combating workplace discrimination. They can intervene in conciliation proceedings and, with the consent of the interested party, initiate legal proceedings.

Trade unions. Trade unions can assist workers in discrimination disputes and conciliation procedures. Some trade union organizations have developed specific desks for LGBTI+ issues.

Inclusive companies: the Italian landscape

Parks - Liberi e Uguali

Parks - Liberi e Uguali is a non-profit association whose members are exclusively employers, created to help partner companies develop strategies and good practices that respect diversity related to sexual orientation and gender identity [12]. The association launched the LGBT+ Diversity Index in 2013, the first tool in Italy that measures a company’s success in implementing a respectful and inclusive work environment for LGBT+ employees [12].

The Diversity Index evaluates corporate policies in several areas: existence of anti-discrimination policies that explicitly include gender identity, diversity training programs, support during gender transition, alias identity policies, access to benefits for same-sex partners [12]. Among the companies that actively participate are multinationals and large Italian enterprises that have made inclusion a declared corporate value.

Positive signs

Some positive trends are worth noting. The National LGBT+ Strategy 2022-2025, adopted by the Italian government, includes specific actions in the area of employment [9]: facilitating access to the labor market through incentives, work grants, and professionalizing internships; raising awareness among employers and managerial figures; creating LGBT+ networks within companies; establishing “mentoring” figures to eliminate disparities based on sexual orientation or gender identity [9].

At the institutional level, the Infotrans portal — born from the collaboration between the National Institute of Health and UNAR — serves as a reference point for transgender people in Italy, offering information on services, rights, and available resources, including those related to the workplace [13].

Self-employment and entrepreneurship

For many trans people, self-employment represents a choice of necessity as well as vocation. The difficulty of entering the dependent labor market pushes a significant share of trans people toward self-employment, freelancing, or entrepreneurship [8]. This choice offers the advantage of greater autonomy in managing one’s identity, but also entails the absence of protections provided by subordinate employment relationships.

If you choose self-employment, anti-discrimination protections still apply in access to services, in relationships with clients and suppliers, and in access to credit. A refusal of banking or insurance services motivated by gender identity is illegal.

Resources and support

Associations and helplines

• Rete Lenford (www.retelenford.it): free legal assistance for workplace discrimination [11]
• UNAR (www.unar.it): discrimination reporting, toll-free number 800.90.10.10 [10]
• MIT - Trans Identity Movement (mit-italia.it): support and employment guidance
• Arcigay (www.arcigay.it): local listening and support desks
• Infotrans (www.infotrans.it): institutional ISS-UNAR portal with information on services and rights [13]
• Parks - Liberi e Uguali (www.parksdiversity.eu): to check if a company adheres to inclusion policies [12]

Concrete steps

If you are looking for work or facing a difficult situation in the workplace, here are some practical steps.

Document everything. Keep emails, messages, notes with date and time of discriminatory episodes. Documentation is essential for any legal action or report.

Know your rights. Workplace discrimination based on gender identity is illegal. You are not required to justify who you are, reveal your transition history, or accept unfavorable treatment.

Seek allies. Supportive colleagues, trade union representatives, sensitive HR managers can make the difference. You don’t have to face everything alone.

Evaluate the company. Before applying, check whether the company has diversity and inclusion policies, whether it participates in the Parks Diversity Index [12], whether it has a code of ethics that mentions gender identity.

Ask for support. The associations listed above offer free guidance, legal support, and accompaniment services. Don’t hesitate to contact them.

The right to work without hiding

The Italian and European regulatory framework protects the right of trans people to work without facing discrimination. The P. v. S. ruling of 1996 [7], Directive 2006/54/EC [4], Legislative Decree 216/2003 [5], and Italian case law build a protection system that, on paper, is solid. In practice, the data from the ISTAT-UNAR survey [1][2] and the FRA [3] show that the road ahead is still long: discrimination remains widespread, the unemployment rate for trans people is significantly higher than the national average, and too many people give up job opportunities out of fear of rejection.

Knowing your rights is the first step toward asserting them. The law is on your side, and the tools to act exist. No one should have to choose between their identity and their job.