Workplace Discrimination Against Trans People in Italy

One in two trans people in Italy has experienced at least one episode of discrimination while looking for a job [1][2]. This is not an impression or an opinion poll: it is data from ISTAT, published in December 2024, based on a survey conducted with UNAR in 2023. And this is just the beginning. 37.1% have experienced a hostile climate or direct aggression in the workplace [1]. Over eight out of ten trans people report microaggressions related to their gender identity [1][5]. The unemployment rate for trans people in Italy is estimated to be up to five times higher than the national average.

These numbers describe a labor market that discriminates not by chance, but by design. This article analyzes where, how, and why this happens—and what can be done.

Discrimination in job hunting

The invisible wall of the job interview

The first barrier arises even before crossing an office threshold. According to the 2023 ISTAT-UNAR survey, 46.4% of trans and non-binary people did not attend an interview or did not apply for a job, despite having the qualifications, because they were convinced their gender identity would compromise the outcome [1]. The percentage rises to 57.9% among trans men [1][13].

This is not personal insecurity. It is a rational assessment based on concrete experiences: applications ignored after seeing a photo, interviews cut short after hearing a voice, personal questions that have nothing to do with professional skills.

The 2022 Inclusion4All report captures equally telling data: almost a quarter of interviewed Italian HR professionals considered it justifiable for an employer not to hire a qualified person because they are transgender [6]. This was not a whispered prejudice: it was an opinion expressed in a research questionnaire.

The discrepancy between documents and identity

For many trans people, the most critical moment of the selection process is when their identity documents do not match their physical appearance. In Italy, the legal rectification of name and gender requires a judicial proceeding under Law 164/1982. This means that during the transition process—which can take years—the curriculum vitae, tax code (codice fiscale), identity card, and educational qualifications bear a name and gender that do not correspond to the person showing up for the interview.

The effect is twofold: the candidate is forced to unintentionally come out in every single application, and the recruiter is faced with an “incongruence” that, in most cases, triggers prejudices—conscious or unconscious—about the candidate’s stability, reliability, or “normality”.

Discrimination in the workplace

Hostile climate and microaggressions

For those who manage to pass the hiring filter, the workplace is not necessarily a safe space. The 2023 ISTAT-UNAR survey reveals that 86.4% of trans and non-binary people have suffered at least one form of gender identity-related microaggression in the workplace [1][5]. These are not isolated incidents: they are a systematic pattern that includes:

• Deliberate misgendering: the intentional use of incorrect pronouns or the legal name (deadnaming) by colleagues or superiors
• Invasive questions: requests for details about the transition, body, or surgeries—questions no one would ever ask a cisgender colleague
• Social exclusion: not being invited to informal meetings, lunch breaks, or corporate events—forms of isolation that erode the sense of belonging
• Jokes and comments: remarks presented as “jokes” that demean, ridicule, or invalidate the person’s identity
• Appearance surveillance: comments on clothing, voice, or physical features—a constant pressure to “pass” as cisgender to be accepted

57.1% of employed or formerly employed trans and non-binary people believe that their gender identity has constituted a disadvantage in at least one of the three fundamental areas of working life: career and professional growth, recognition and appreciation, and income and remuneration [1][2].

Mobbing: when discrimination becomes a system

Mobbing against trans people can be both vertical (by superiors) and horizontal (by peers). In both cases, it manifests through repeated and systematic behaviors aimed at isolating, humiliating, or inducing the resignation of the person.

The stories collected by Il Fatto Quotidiano in 2022 document emblematic cases. Jacopo, 26, a qualified graphic designer, was fired when he started hormone therapy: the company did not want clients to “see the change.” Erika, 50, in Milan suffered increasing harassment until she was dismissed, informally justified by the fact that her presence “created problems with clients” [7]. A transgender teacher described a slow and subtle marginalization—exclusions, offensive gestures, silences—that is almost impossible to document and report [7].

Discriminatory dismissals

Dismissal for reasons related to gender identity has been prohibited by European law since 1996, when the European Court of Justice issued its ruling in the case P v S and Cornwall County Council (C-13/94). In that case, a British trans woman was fired after informing her employer of her intention to undergo a transition process. The Court established a fundamental principle: the dismissal of a transgender person for reasons related to gender reassignment constitutes discrimination based on sex, which is prohibited by European legislation [14].

Yet, in practice, discriminatory dismissals continue. They are rarely formalized with explicitly transphobic motivations. More often, they are masked behind corporate restructuring, non-renewal of fixed-term contracts, failed probationary periods, or a generic “incompatibility with the team.” The trans person knows why they are losing their job. Proving it is another matter.

The Italian regulatory framework

Legislative Decree 216/2003 and its limits

The main Italian legislative tool against workplace discrimination is Legislative Decree 216/2003, which implements European Directive 2000/78/EC [8][9]. The decree prohibits direct and indirect discrimination in the workplace—from access to employment to working conditions, from vocational training to dismissal—on the grounds of religion, personal beliefs, disability, age, and sexual orientation.

The problem is what is missing: gender identity is not explicitly included among the protected factors. This gap is not accidental. It is the result of a specific political choice, confirmed by the sinking of the Zan Bill (DDL Zan) in 2021, which would have introduced gender identity among the categories protected by criminal and civil law.

In practice, the protection of trans people relies on a broad interpretation of the concept of “discrimination based on sex,” supported by the jurisprudence of the European Court of Justice [14]. But a jurisprudential interpretation is not a law. It leaves margins of uncertainty, requires competent lawyers and sensitive judges, and places a burden on the shoulders of the discriminated person that they should not have to carry.

European Directive 2000/78/EC

Council Directive 2000/78/EC of November 27, 2000, establishes a general framework for equal treatment in employment and occupation [8]. It applies to both the public and private sectors and covers:

• Conditions for access to employment and self-employment, including selection and recruitment criteria
• Vocational training at all levels
• Employment and working conditions, including pay and dismissals
• Membership of, and involvement in, organizations of workers or employers

The directive distinguishes between direct discrimination (where one person is treated less favorably than another in a comparable situation) and indirect discrimination (where an apparently neutral provision puts persons with a particular characteristic at a disadvantage). Harassment that creates an intimidating, hostile, or degrading environment is considered a form of discrimination [8].

The role of UNAR

The National Office Against Racial Discrimination (UNAR), established in 2003 within the Presidency of the Council of Ministers, is the Italian body responsible for ensuring equal treatment. Although its name refers to racial discrimination, since 2011 UNAR has de facto expanded its mandate to include sexual orientation and gender identity.

UNAR offers several concrete tools [12]:

• Contact Center: reachable at the toll-free number 800 90.10.10, Monday to Friday, from 8:00 AM to 5:00 PM. It provides qualified listening, guidance, and support to victims of discrimination
• Online reporting: it is possible to fill out a form on the unar.it website to report discriminatory incidents
• Investigation: reports are examined by operators who contact both the reporting person and the party responsible for the discrimination to attempt a resolution. More complex cases are forwarded to second-level officials
• Surveys and monitoring: UNAR collaborates with ISTAT on surveys regarding workplace discrimination and coordinates the National LGBT+ Strategy 2022-2025 [10]

The Equality Councilor

Another often underestimated tool is the Equality Councilor (Consigliera di Parità), a public figure established at the national, regional, and provincial levels by Law 125/1991. Although her original mandate concerns gender discrimination in the traditional sense, the Councilor can also intervene in cases of discrimination involving gender identity. She can take legal action on behalf of the worker, promote collective actions, and activate emergency procedures to stop discriminatory behaviors.

European data: Italy in context

The Italian data fits into an equally concerning European framework, but with some specificities. The third FRA survey on LGBTIQ people in the EU, conducted in 2023 and published in May 2024, collected responses from over 100,000 people across the Union [3].

For Italy, the results show that 21% of LGBTIQ people experienced discrimination at work or when looking for work in the year preceding the survey. 38% experienced discrimination in at least one area of life [4]—a figure in line with the EU-27 average of 37%, but one that hides significant differences when trans people are considered separately.

The Italian specificity lies in the combination of three factors: an economic fabric dominated by small and medium-sized enterprises, where diversity policies are rare; a regulatory framework that does not explicitly mention gender identity; and a political climate that, under the current government, has stopped considering trans inclusion a goal.

Diversity policies in Italian companies

Light and shadow

A figure from the ISTAT survey on diversity management in Italian enterprises (2019) offers an interesting cross-section: 87% of responding companies had adopted a formalized non-discrimination policy regarding sexual orientation and gender identity [11]. But the sample involved large companies that had voluntarily chosen to participate in the survey—therefore, those most sensitive to the issue.

When looking at the concrete reality, the numbers collapse: only 3.3% of companies had made provisions for transgender workers to use restrooms consistent with their gender identity. 2% guaranteed the right to visibly express their gender identity, including through clothing [11]. And the vast majority of small Italian companies—which represent the core of the country’s economic fabric—had no policy on the matter whatsoever.

The alias career as a best practice

The alias career (carriera alias) currently represents the most concrete and widespread best practice for trans inclusion in the workplace. It is a confidentiality agreement between the employer and employee that allows the use of the chosen name—and not the legal one—in all internal contexts: identification badges, corporate email addresses, internal registers, and communications.

The legal name remains valid exclusively for official and legal documents (payslips, contracts, communications with social security institutions). The goal is to prevent the person from being continuously exposed to deadnaming—the use of their legal name, which for a trans person amounts to a daily denial of their identity.

Since May 2022, the alias career has been included in the national collective agreement for public employees of ministries, tax agencies, and non-economic public bodies—a significant step forward, although still insufficient to cover the entire public and private sectors.

Some private companies have independently adopted the alias career. Caronte & Tourist, a Sicilian shipping company, introduced it in 2022 for its transgender employees, offering the possibility to be recognized by the name consistent with their identity in all work contexts. These are important, but still isolated, examples.

What trans people can do

Those who experience workplace discrimination are not without tools, even if the path is often exhausting. Here are the concrete steps.

Document everything. Keep emails, messages, and screenshots of internal communications. Note the dates, times, attendees, and content of discriminatory episodes. Repeated microaggressions, if documented, can constitute a relevant case of mobbing in court.

Contact UNAR. The toll-free number 800 90.10.10 is free, active Monday to Friday from 8:00 AM to 5:00 PM, and offers listening, guidance, and qualified support [12]. It is also possible to fill out an online reporting form on unar.it.

Turn to a trade union. The confederate trade unions (CGIL, CISL, UIL) have desks dedicated to discrimination and can assist in mediation with the employer or in legal proceedings.

Contact associations. Organizations such as Arcigay, MIT (Movimento Identità Trans), Gruppo Trans APS, and Rete Lenford (advocacy for LGBTQI+ rights) offer legal advice, psychological support, and accompaniment.

Consider legal action. Legislative Decree 216/2003 provides for a shifted burden of proof (onere della prova agevolato): the worker must present factual elements that suggest discrimination, and it is up to the employer to prove that the disparity in treatment is justified by objective reasons [9]. It is not necessary to prove discriminatory intent—demonstrating the effect is sufficient.

What employers can do

Trans inclusion is not just a moral obligation—it is a competitive advantage. Research shows that inclusive workplaces record higher productivity, lower turnover, and a better ability to attract talent. Here are concrete actions.

Adopt an explicit non-discrimination policy. One that expressly mentions gender identity and gender expression—not just sexual orientation.

Implement the alias career. Establish an internal protocol that allows transgender employees to use their chosen name on badges, emails, registers, and internal communications.

Ensure access to restrooms. Allow the use of bathrooms and changing rooms consistent with the employee’s gender identity, or provide gender-neutral solutions accessible to everyone.

Train the staff. Organize diversity and inclusion training sessions that explicitly address the topic of gender identity—not as an appendix, but as core content.

Create safe reporting channels. Ensure that employees can report discrimination incidents without fear of retaliation.

Monitor and measure. Participate in indices like the LGBT Diversity Index by Parks – Liberi e Uguali, which since 2013 has assessed the level of inclusion in Italian companies and multinational corporations operating in Italy.

The real weight of discrimination

Numbers are necessary, but not sufficient. Behind every percentage is a person who gave up applying for a job they were qualified for. A person who accepted an underpaid job just to avoid facing another interview. A person who every morning, before crossing the office threshold, must decide how much of their identity to show and how much to hide.

The National LGBT+ Strategy 2022-2025 identified employment as one of six strategic priorities, planning incentives for companies, work grants, professionalizing internships, and the creation of an Italian Equality Index [10]. But strategies, without adequate resources and political will, remain just documents.

What is needed is a law that explicitly names gender identity among the factors protected from discrimination. What is needed is a labor market that evaluates people on their skills, not on the consistency between their appearance and the letter “M” or “F” on their identity card. What is needed is for the ISTAT numbers—that 50% who have experienced discrimination, that 86% who have suffered microaggressions [1]—to stop being normal.

Because they are not.