From Formal to Substantive Equality: A Comparative Study of Gender Discrimination in the Workplace in Italy and Spain

This thesis investigates the persistence of gender discrimination in the workplace, despite significant legislative progress and growing institutional awareness. Although important steps forward have been taken at a formal level – both internationally and nationally – gender equality often remains a theoretical goal rather than a concrete reality. The analysis focuses on Italy and Spain, two culturally similar countries that have taken different paths in terms of gender policies, institutional reforms and social change. While Spain has made more decisive progress in recent years, both contexts still present profound inequalities that penalise women in many ways. The study explores the main forms of workplace discrimination: the gender pay gap, the motherhood penalty, occupational segregation, violence and harassment at work. A comparative approach shows that in both countries women continue to be penalised in terms of career prospects, access to top positions, job stability and work-life balance, despite the existence of legal protections. In Italy, these issues are further aggravated by significant territorial disparities, particularly between the north and south, which affect women's labour market participation and access to support services. Beyond the diagnosis, the thesis critically analyses the current regulatory frameworks, particularly at European level, and their effective implementation nationally. Although Italy and Spain have transposed EU directives on gender equality, the practical application of these measures varies greatly. Their effectiveness depends less on formal adoption than on actual enforcement within local institutional and cultural contexts. In this perspective, the corporate environment plays a crucial role in translating equality principles into everyday practices. Inclusion policies, female leadership promotion, and work-life balance measures are not only formal provisions but also strategic tools for societal innovation and competitiveness. However, without structural commitment and cultural change within organisations, these initiatives risk remaining superficial. The phenomenon of “cosmetic diversity” – the appearance of inclusion without real change – remains a risk in the absence of a structured vision of inclusion. Ultimately, the thesis argues that gender equality cannot be achieved solely through laws that are not embraced by society, even if those laws are necessary. True equality requires a profound cultural transformation, starting in the workplace and spreading throughout society. Only through a combination of effective policies, institutional commitment and corporate responsibility will it be possible to address and dismantle the structural roots of discrimination. In this light, legislation should not be seen as an imposition but as the starting point for building broad cultural and social engagement with fundamental legal principles.