Equal opportunities is the concept that all human beings are free to develop their personal capacities, with the aspirations and needs of women and men being taken into consideration, assessed and enabled in an equal manner.

This concept also refers to the absence of barriers to participation in economic, political and social life, and to the existence of equal treatment for all citizens irrespective of race, nationality, ethnic origin, language, religion, social class, belief, gender, sexual orientation, age, disability, etc.

Failure to observe the principles of this concept gives rise to discrimination, which entails different and unfair treatment of individuals on account of their membership of a certain social group. There are several forms of discriminatory conduct, all of which have in common a certain form of exclusion or rejection.

In Romania, in accordance with Law No 324 of 2006, 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.

Discrimination at work refers to prohibiting certain persons from applying and being admitted to certain jobs on grounds of race, age, gender, religion, height, weight, nationality, disability, sexual orientation or gender identity.

In accordance with Law No 202/2002, as subsequently amended and supplemented, measures for promoting gender equality and for eliminating all forms of discrimination based on gender are applied in the public and private sector, in the fields of employment, education, health, culture and information, policies, participation in decision-making and the provision of and access to goods and services, with regard to the establishment, equipment or extension of an undertaking, or to the initiation or extension of another form of independent activity, as well as in other fields regulated by special laws.

The main laws protecting against discrimination at work are:

• Law No 202/2002 on gender equality;
• Emergency Order No 96 of 14 October 2003 on maternity protection at work;
• Government Decision No 967/1999 on the establishment and functioning of the Interministerial Gender Equality Consultative Commission (CODES);
• Government Decision No 1273/2000 on the national action plan for gender equality.

In accordance with Law No 202/2002 on gender equality, as subsequently amended and supplemented, gender equality in employment relationships means non-discriminatory access to:

• freedom to choose a profession or an occupation;
• employment in any position or job vacancy and at all levels of the professional hierarchy;
• equal income for work of equal value;
• career information and counselling, participation in programmes for initiation, qualification, upskilling, specialisation and professional retraining, including apprenticeships;
• promotion at any hierarchical and professional level;
• employment conditions that comply with occupational health and safety regulations as provided for in the legislation in force, including as regards dismissals;
• non-wage benefits, and public and private social security systems;
• employers' organisations, trade unions and professional bodies, together with the benefits granted by them;
• social benefits and services provided in compliance with the legislation in force.

To combat and eliminate any behaviour defined as discrimination based on gender, the employer has the following obligations:

• to ensure equal opportunities and treatment for all employees, women and men, in labour relations of all kinds, including by adding provisions for the prohibition of discrimination based on gender to the rules of organisation and operation and the employer’s internal rules;
• to provide for disciplinary sanctions in the internal regulations of establishments, in accordance with law, for employees violating the human dignity of other employees by creating a degrading, intimidating, hostile, humiliating or offensive environment, through discriminatory actions, as defined in Article 4(a) to (e) and in Article 11 of Law No 202/2002;
• to keep the employees informed about their rights regarding the observance of gender equality in labour relations, including by posting information in visible places;
• to inform the employees immediately after notifications by the public authorities in charge of enforcing and controlling the legislation on gender equality.

Discrimination on the part of the employer, by using practices that disadvantage persons of a certain sex in connection with labour relations, is forbidden, including in relation to:

• the announcement or organisation of competitions or exams and selecting candidates for public or private sector vacancies;
• the conclusion, suspension, modification and/or termination of the legal employment or work relationship;
• the establishment or modification of job duties;
• the determination of remuneration;
• non-wage benefits, including social security;
• professional information and career counselling, participation in programmes for initiation, qualification, further training, specialisation and professional retraining;
• the evaluation of individual professional performance;
• 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.

Moreover, in accordance with Article 6 of Law No 53 of 2003, as subsequently amended and supplemented (Labour Code of 24 January 2003, republished), any discrimination based on gender, with regard to all elements and conditions of remuneration, is prohibited for equal work or work of equal value.