New Workplace Discrimination And Harassment Rules Take Effect In Romania

• Published date: 07 August 2020
• Subject Matter: Employment and HR, Discrimination, Disability & Sexual Harassment
• Law Firm: lus Laboris
• Author: Ms Roxana Abrasu (Nestor Nestor Diculescu Kingston Petersen) and Gabriela Dinu (Nestor Nestor Diculescu Kingston Petersen)

The content of main prohibition in the field of discrimination and harassment has been amended and completed to include any direct or indirect discrimination towards an employee, discrimination by association, harassment or an act of victimisation, based on race citizenship, ethnicity, colour, language, religion, social origin genetic traits, gender, sexual orientation, age, disability chronic non-contagious disease, HIV infection status, political option, family situation or responsibility, trade union membership or activity, belonging to a disadvantaged category.

The criteria on which dismissals are prohibited have also been updated to cover all the categories mentioned above.

The definitions of direct and indirect discrimination have been amended.

The concepts of harassment, discrimination by association victimisation and any adverse treatment have also been introduced within the Labour Code and defined.

In addition, any behaviour that consists in ordering a person in writing or orally, to use a form of discrimination based on one of the criteria above, against a person or persons, is considered discrimination.

The law provides that any exclusion, distinction, restriction or preference relating to a particular job...