In accordance with Order No 137 of 31 August 2000 (**republished**) on the prevention and sanctioning of all forms of discrimination, as subsequently amended and supplemented, the principle of equality between citizens and of exclusion of privileges and discrimination is also guaranteed by the exercise of the following rights:

• the right to work, free choice of occupation, fair and satisfactory terms of employment, protection against unemployment, equal pay for equal work, fair and satisfactory remuneration;
• the right to form and join trade unions;
• the right to health, medical treatment, social security and social services;
• the right to education and training.

All natural or legal persons are bound to observe the principle of equality between citizens and the rights underlying this principle.

In accordance with Order No 137 of 31 August 2000 (**republished**), discrimination means any differentiation, exclusion, restriction or preference based on race, nationality, ethnic origin, language, religion, social class, belief, gender, sexual orientation, age, disability, non-contagious chronic disease, HIV infection, membership of a disadvantaged group, and any other criterion of which the purpose or effect is to restrain and to remove recognition, enjoyment or exercise, on equal terms, of human rights and fundamental freedoms or of the rights recognised by law in the political, economic, social and cultural arena or in any other aspects of public life.

Harassment means any conduct, on grounds of race, nationality, ethnic origin, language, religion, social class, belief, gender, sexual orientation, membership of a disadvantaged group, age, disability, refugee or asylum-seeker status, or any other criterion, leading to the creation of an intimidating, hostile, degrading or offensive environment, and is subject to an administrative sanction.

With regard to employment relationships, Law No 53 of 2003 as subsequently amended and supplemented (Labour Code of 24 January 2003, republished), provides for the principle of equal treatment for all employees and prohibits direct or indirect discrimination against employees. In accordance with the Labour Code, discrimination against an employee is deemed to be any act and action of exclusion, restriction, preference or differentiation based on gender, age, membership, race, colour, political option, social origin or disability that takes place with the purpose or effect of not granting, of restricting or of removing recognition of the rights provided for under employment law. Moreover, indirect discrimination consists of any acts and actions based on criteria of differentiation between employees other than their professional skills.

Discrimination at work may occur in various forms, starting from the job interview up until the dismissal decision. In relations between employees, between employees and their superiors and between employees and employers, discrimination may occur on grounds of race, nationality, ethnic origin, language, religion, gender, political membership, wealth or social origin, or on any other grounds, as follows:

• when establishing and changing working conditions;
• when determining the salary;
• when defining job duties and responsibilities;
• when selecting staff for training and professional development opportunities;
• in relation to promotion.

Discrimination means any conduct consisting of asking or instructing someone to practise discrimination against one or several persons on any of the criteria laid down by law.

For the purposes of Order No 137 of 31 August 2000 (**republished**), the elimination of all forms of discrimination entails:

• preventing any discrimination by establishing special measures, including affirmative action, to protect disadvantaged persons who do not enjoy equal opportunities;
• mediation through the amicable settlement of disputes arising as a consequence of acts of discrimination;
• sanctioning discriminatory conduct.

Discriminatory conduct may give rise to civil, administrative or criminal liability, in accordance with the law.

Pursuant to Article 6 of Order No 137 of 31 August 2000 (**republished**), making a person’s participation in an economic activity or the free choice or pursuit of a profession conditional on that person’s race, nationality, ethnic origin, religion, social class and belief, gender and sexual orientation, age or membership of a disadvantaged group is deemed to be an administrative offence.

Pursuant to Article 7 of Order No 137 of 31 August 2000 (**republished**), discrimination against any person on grounds of race, nationality, ethnic origin, religion, social class or disadvantaged group, belief or age, gender or sexual orientation, in employment and social protection relationships, except for the cases provided for by law, constitutes an administrative offence when occurring in the following areas:

• conclusion, suspension, modification or termination of the employment relationship;
• determination and modification of job duties, workplace or salary;
• the granting of social benefits other than salary;
• training, upskilling, reskilling and professional advancement;
• the application of disciplinary measures;
• the right to join a trade union and access to the facilities granted by it;
• any other working conditions, in accordance with the legislation in force.

Pursuant to Article 9 of Order No 137 of 31 August 2000 (**republished**), discrimination against employees by employers in relation to social benefits being granted on grounds of the employees’ race, nationality, ethnic origin, religion, social class or disadvantaged group, or of his or her age, gender, sexual orientation or belief held, constitutes an administrative offence.

Employees who consider that they have been discriminated against at work may refer the matter to the National Council for Combating Discrimination (CNCD) within one year from the date when the act was committed or from the date when they could have become aware of such act.

The National Council for Combating Discrimination is the self-governing state authority in the area of discrimination. It has a legal personality and acts under parliamentary authority, safeguarding the observance and application of the principle of non-discrimination in accordance with the national legislation in force and with the international documents to which Romania is a party.

The CNCD settles referred matters by decision of the Board, as referred to in Article 23(1) of Order No 137 of 31 August 2000 (**republished**).

In applications sent to CNCD, persons who considers themselves to be discriminated against have the right to request that the consequences of the discriminatory acts be removed and that the situation prior to discrimination be restored.

With regard to employment relationships, the Labour Inspectorate, an institution under the Ministry of Labour and Social Protection, plays an essential role in implementing and ensuring compliance with the law on labour relations, including in terms of prevention and elimination of discrimination.

Moreover, persons who consider themselves to be discriminated against may bring a claim before the courts for compensation and restoration of the situation prior to the discrimination or a declaration of invalidity of the situation created by the discrimination, in accordance with ordinary law. Claims are exempt from the legal stamp duty and are not contingent on referring the matter to the National Council for Combating Discrimination.

The time limit for filing the claim is 3 years running from the date the act was committed or from the date when the interested person could have become aware of the commission of the act.