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00 lei 2 6,000 DISCRIMINATION IN AREAS 4,000 lei 1 4,000 PROTECTED BY LAW 5,000 lei 20 100,000 ACTIVITY OF THE CASE INVESTIGATION OFFICE 10,000 lei 14 140,000 20,000 lei 4 80,000 ACTIVITY UNDERTAKEN BY THE LEGAL DIRECTORATE 25,000 lei 1 25,000 30,000 lei 1 30,000 THE ISSUE OF TOTAL (Lei) 428,000 DISCRIMINATION IN 0 5 10 15 20 25 ROMANIA REFLECTED IN INTERNATIONAL REPORTS NATIONAL COUNCIL FOR COMBATING DISCRIMINATION IN MASS-MEDIA FINANCIAL AMOUNT OF ADMINISTRATIVE FINES IMPOSED AND PERSONNEL DATA BY THE STEERING BOARD AND THEIR NUMBER IN 2022 34 2022 ACTIVITY REPORT CONTENT FOREWORD Non-contagious Sexual HIV infection chronic disease orientation ANALYSIS OF PETITIONS RECEIVED 0% 4.7% 0% BY N.C.C.D. IN 2022 ANALYSIS ANALYSISOF OF CASE CASE PROCESSING BASED II. Analysis of case processing based on the decisions issued by N.C.C.D.’s Steering Board ON THE DECISIONS Language Beliefs Religion Field /Total no. of Administrative fine ISSUED BY N.C.C.D.’S STEERING STEERING BOARD BOARD 0.5% 0.9% 4.7% findings in 2021 (Lei) Non-contagious chronic disease 0 EXAMPLES FROM THE Sexual orientation 20,000 CASE LAW OF N.C.C.D. IN 2022 CONCERNING HIV infection 0 Disadvantaged DISCRIMINATION IN AREAS Age Gender group 7.0% 29.7% Language 2,000 PROTECTED BY LAW 0% Beliefs 4,000 ACTIVITY OF THE CASE INVESTIGATION OFFICE Religion 20,000 Disadvantaged group 0 ACTIVITY UNDERTAKEN BY THE LEGAL DIRECTORATE Age 30,000 Nationality Disability Ethnicity THE ISSUE OF 24.1% 10.3% 8.6% Gender Nationality 127,000 103,000 DISCRIMINATION IN ROMANIA REFLECTED Disability 44,000 IN INTERNATIONAL Ethnicity 37,000 REPORTS Others 37,000 Others Race Social category NATIONAL COUNCIL 0.9% 0% 8.6% Race 0 FOR COMBATING Social category 37,000 DISCRIMINATION IN MASS-MEDIA TOTAL 428,000 FINANCIAL THE ADMINISTRATIVE FINES IMPOSED IN 2022 ACCORDING AND PERSONNEL DATA TO EACH DISCRIMINATION CRITERION 35 2022 ACTIVITY REPORT CONTENT FOREWORD ANALYSIS OF PETITIONS RECEIVED BY N.C.C.D. IN 2022 ANALYSIS ANALYSISOF OF CASE CASE Access to employment Personal dignity and profession PROCESSING BASED 45.8% 27.8% II. Analysis of case processing based on the decisions issued by N.C.C.D.’s Steering Board ON THE DECISIONS ISSUED BY N.C.C.D.’S STEERING STEERING BOARD BOARD EXAMPLES FROM THE CASE LAW OF N.C.C.D. IN 2022 CONCERNING Aministrative Field/Total no. of DISCRIMINATION IN AREAS fine findings in 2022 PROTECTED BY LAW (Lei) Personal dignity 196,000 ACTIVITY OF THE CASE Access to public services Access to housing INVESTIGATION OFFICE 9.8% 9.8% Access to employment and profession 119,000 ACTIVITY UNDERTAKEN BY THE LEGAL DIRECTORATE Access to public services 42,000 THE ISSUE OF Access to housing 42,000 DISCRIMINATION IN Access to public facilities 28,000 ROMANIA REFLECTED IN INTERNATIONAL Access to education 1,000 REPORTS TOTAL 428,000 NATIONAL COUNCIL Access to public facilities Access to education FOR COMBATING DISCRIMINATION 6.5% 0.2% IN MASS-MEDIA FINANCIAL THE ADMINISTRATIVE FINES IMPOSED IN 2022 ACCORDING AND PERSONNEL DATA TO EACH DISCRIMINATION FIELD 36  2022 ACTIVITY REPORT III. Examples from the case law of N.C.C.D. in 2022 concerning discrimination in areas protected by law 37 2022 ACTIVITY REPORT CONTENT FOREWORD ANALYSIS OF Equality in economic activity and in terms of employment and III. Examples from the case law of N.C.C.D. in 2022 concerning discrimination in areas protected by law PETITIONS RECEIVED BY N.C.C.D. IN 2022 occupation ANALYSIS OF CASE PROCESSING BASED ON THE DECISIONS DECISION A ISSUED BY N.C.C.D.’S STEERING BOARD The conduct of the representatives of the company towards the employee who has been EXAMPLES EXAMPLES FROM THE reinstated in the position she held prior to her dismissal by court order, manifested, CASE LAW OF N.C.C.D. N.C.C.D. inter alia, by the failure to provide her with a proper work desk, with the computer IN 2022 CONCERNING she previously owned, lack of access to the company’s computer system or failure to DISCRIMINATION DISCRIMINATION IN AREAS AREAS attend operational meetings, constitutes an act of discrimination. PROTECTED BY LAW ACTIVITY OF THE CASE N.C.C.D.’s Steering Board considered that the company’s actions led to the creation of INVESTIGATION OFFICE an intimidating, degrading or hostile environment in the workplace and that personal dignity was violated on the basis of gender. ACTIVITY UNDERTAKEN BY THE LEGAL DIRECTORATE N.C.C.D.’s Steering Board found the existence of the acts of discrimination pursuant to THE ISSUE OF the provisions of Art. 2 para. 1, Art. 2 para. 5, Art. 7 b) of the anti-discrimination law and DISCRIMINATION IN Art. 10 para. 8 of the Law no. 202/2002 on equal treatment between women and men ROMANIA REFLECTED and ordered an administrative fine against the employer amounting to 25,000 LEI. IN INTERNATIONAL REPORTS NATIONAL COUNCIL DECISION B FOR COMBATING DISCRIMINATION IN MASS-MEDIA The conduct of the manager, namely the company shareholder towards a female em- ployee, which led to strained employment relations, termination of the employment FINANCIAL relationship by agreement, hindering the process of payment of outstanding salary AND PERSONNEL DATA 38 2022 ACTIVITY REPORT CONTENT FOREWORD entitlements, as well as labelling her as ‘mentally disabled’ and using wording explicitly ANALYSIS OF alluding to sexual acts with workers, constitutes harassment. III. Examples from the case law of N.C.C.D. in 2022 concerning discrimination in areas protected by law PETITIONS RECEIVED BY N.C.C.D. IN 2022 N.C.C.D.’s Steering Board considered that the attitude towards the employee after the termination of her employment was such as to create an intimidating, degrading or ANALYSIS OF CASE PROCESSING BASED hostile environment, which infringed her personal dignity on the basis of her gender. ON THE DECISIONS ISSUED BY N.C.C.D.’S N.C.C.D.’s Steering Board found the existence of the acts of discrimination pursuant STEERING BOARD to the provisions of Art. 2 para. 5 of the anti-discrimination law and imposed an ad- EXAMPLES EXAMPLES FROM THE ministrative fine against the respondent amounting to 20,000 lei. CASE LAW OF N.C.C.D. N.C.C.D. IN 2022 CONCERNING DISCRIMINATION DISCRIMINATION IN AREAS AREAS DECISION C PROTECTED BY LAW ACTIVITY OF THE CASE Creating public pressure in the local community by accusing, blaming and instilling INVESTIGATION OFFICE a sense of insecurity regarding the employing foreign workers from third countries at a local bakery and starting a social media group to oppose migrants constitutes an ACTIVITY UNDERTAKEN BY act of discrimination by association on the basis of racial origin. THE LEGAL DIRECTORATE THE ISSUE OF N.C.C.D.’s Steering Board considered that the actions created by the respondent par- DISCRIMINATION IN ties led to the impairment of the normal exercise of entrepreneurial activity and the ROMANIA REFLECTED creation of a hostile environment towards the person who employed foreign workers, IN INTERNATIONAL REPORTS by associating them with their racial or national origin. NATIONAL COUNCIL N.C.C.D.’s Steering Board found the existence of the acts of discrimination pursuant to FOR COMBATING the provisions of Art. 2 para. 1, Art. 15 and Art. 10 h) of the anti-discrimination law and DISCRIMINATION IN MASS-MEDIA Art. 2 of the Labour Code and imposed an administrative fine against each respondent amounting to 10,000 LEI. FINANCIAL AND PERSONNEL DATA 39 2022 ACTIVITY REPORT CONTENT FOREWORD ANALYSIS OF DECISION D III. Examples from the case law of N.C.C.D. in 2022 concerning discrimination in areas protected by law PETITIONS RECEIVED BY N.C.C.D. IN 2022 The dismissal of an employee by removing the position in question, in the absence of any justification from the employer, in view of the vulnerable situation in which the ANALYSIS OF CASE PROCESSING BASED employee concerned found herself, in the light of her chronic illness, her classification ON THE DECISIONS as disabled and her age of over 50, constitutes multiple acts of discrimination. ISSUED BY N.C.C.D.’S STEERING BOARD The employer did not indicate that persons in similar situations were subject to the EXAMPLES EXAMPLES FROM THE same legal consequences, without a causal link to certain personal characteristics CASE LAW OF N.C.C.D. N.C.C.D. such as health or age. IN 2022 CONCERNING DISCRIMINATION DISCRIMINATION IN AREAS AREAS N.C.C.D.’s Steering Board found the existence of the acts of discrimination pursuant PROTECTED BY LAW to the provisions of Art. 2 paragraph 1, Art. 2 paragraph 6 and Art. 7 a) of the anti-dis- ACTIVITY OF THE CASE crimination law and imposed an administrative fine against the employer amounting INVESTIGATION OFFICE to 10,000 lei. ACTIVITY UNDERTAKEN BY THE LEGAL DIRECTORATE Access to public, legal and health services, other services, goods THE ISSUE OF DISCRIMINATION IN and facilities ROMANIA REFLECTED IN INTERNATIONAL REPORTS DECISION A NATIONAL COUNCIL FOR COMBATING The passive attitude of a national sports structure which led to the adoption of a DISCRIMINATION IN MASS-MEDIA position of non-acceptance of an athlete with a disability in relation to procedural issues concerning his accompanying person and the impossibility of participating in FINANCIAL AND PERSONNEL DATA 40 2022 ACTIVITY REPORT CONTENT FOREWORD international sporting events constitutes an act of discrimination according to the ANALYSIS OF criterion of disability. III. Examples from the case law of N.C.C.D. in 2022 concerning discrimination in areas protected by law PETITIONS RECEIVED BY N.C.C.D. IN 2022 N.C.C.D.’s Steering Board considered th