Workplace harassment: the Supreme Court confirms a zero-tolerance approach.

Companies have a duty to adopt robust measures to prevent and sanction harassment in the workplace.

Sexual harassment in the workplace is a serious violation of an employee's dignity and profoundly undermines company climate, trust and safety among colleagues, with significant repercussions on corporate reputation and productivity. This was reaffirmed by the Court of Cassation in judgment No. 13748/2025, which restated the principle of "zero tolerance" towards such conduct.

The case originated from a complaint filed by an employee, who reported having been the victim, for months, of unwanted sexual attention, sexually explicit remarks and persistent conduct on the part of another employee, at times in front of colleagues. This led to dismissal for just cause.

At first instance, the Milan Employment Tribunal (judgment No. 3819/2023) upheld the dismissal, finding that such conduct was sufficient to irreparably undermine the relationship of trust and breached the company's Code of Conduct.

The Court of Appeal (judgment No. 471/2024) took a different view: while acknowledging that the alleged facts were true, it found the dismissal disproportionate, given the absence of prior disciplinary record and of serious harm to the company's organisation. It accordingly set aside the dismissal and ordered the company to pay compensation.

The Court of Cassation, however, overturned this decision, recalling well-established principles: sexual harassment constitutes a serious violation of fundamental personal rights, as enshrined in Articles 2 and 3 of the Constitution and Article 26 of the Equal Opportunities Code. Such conduct harms workers' moral integrity and must be assessed against current social sensitivity, which demands a safe and respectful working environment.

The judgment thus reaffirms an essential principle: the protection of the person in the workplace is non-negotiable and takes precedence over any mitigating assessment where harassing conduct is concerned. Businesses have not only the right, but also the duty under Article 2087 of the Civil Code, to adopt robust measures to prevent and sanction such conduct, safeguarding workers' psychophysical integrity. In this context, dismissal for just cause is confirmed as a proportionate and necessary response.

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