Romania: Equal opportunities

Original and updating authors: Nestor Nestor Diculescu Kingston Peterson (Gabriela Dinu, Roxana Abrasu and Daniel Stancescu)

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Summary

• Discrimination - both direct and indirect - is prohibited in employment on a wide range of grounds including sex, sexual orientation, race, nationality, religion, beliefs and age. (See General)
• Employers must ensure that employees with disabilities have access to an adapted workplace. (See Specific provisions)
• A difference of treatment based on any of the prohibited grounds of discrimination can be deemed lawful where this ground constitutes a genuine and determining occupational requirement. (See Exemptions)
• Harassment, psychological harassment, gender-based harassment, moral harassment and sexual harassment constitute unlawful discrimination. (See Harassment and sexual harassment)
• Victimisation of an employee as a result of a complaint or court case related to the non-observance of the principle of equal treatment and non-discrimination constitutes unlawful discrimination. (See Victimisation)
• Employers are permitted to take measures to prevent or compensate for disadvantages linked to any of the prohibited grounds of discrimination with a view to ensuring equal treatment and opportunities in practice. (See Positive action)
• Employers are obliged to take various measures to ensure equal opportunities and treatment for female and male employees. (See Active measures)
• An employee or job applicant who believes that they been subject to unlawful discrimination on the statutory grounds may make a complaint to the National Council for Combating Discrimination or bring a court case. (See Remedies and penalties)