Vezi raport EN

lit ilit or Ag io io tio ou lie he ici nd a Ra ua na lig at eg se b Be gr c hn Ot Ge sa ng fe nt di tio Re at d Et In Di ie La lc ic ge Na or V n cia ta HI ro al an So ch xu dv Se us sa o gi Di 30 ta on -c n No DISTRIBUTION OF FINES ORDERED IN 2021 ACCORDING TO EACH DISCRIMINATION CRITERION  II Analysis of case processing based on the decisions issued by N.C.C.D.’s Steering Board 2021 | ACTIVITY REPORT Personal dignity 126,000 Access to public services (Total) 38,000 Access to education 7,000 Access to employment and profession 83,000 37,500 Lei 75,000 Lei 112,500 Lei 150,000 Lei 31 DISTRIBUTION OF FINES ORDERED IN 2021 ACCORDING TO EACH DISCRIMINATION FIELD  2021 ACTIVITY REPORT III Examples based on case-law of findings made by N.C.C.D.’s Steering Board 32  III Examples based on case-law of findings made by N.C.C.D.’s Steering Board Equality in business activities and in matters 2021 | ACTIVITY REPORT regarding employment and professional activities Decision No. 807 of 17 November 2021 discrimination were committed pursuant to Art. 2 para .1 and Art. 7 a) of the Anti-discrimination Law The passive attitude of an employer in relation to and ordered an administrative sanction against the the pressures exercised by the employees in order employers by applying a fine amounting to 15,000 lei, not to work together with a work colleague about respectively 5,000 lei. whom they found out that had been diagnosed with HIV/AIDS, his being taken to a testing facility and Decision No. 723 of 06 October 2021 the dissolution of the employment contract after the discovery of the medical diagnostic represents an The supervisor’s attitude towards the employee, act of discrimination. expressed by using some offending expressions, an obscene and deprecating language, also on a social A change in the initially proposed job, from technical network that includes the company workers, respec- operator into member of the staff responsible with tively the members of the employee’s own team, in cleaning and withdrawal of a work offer, during the relation to the employee’s alleged sexual orientation, trial period that had not been formally recorded, represents an act of discrimination. however recognised by the employer, following the HIV/AIDS diagnostic for the worker, represents an The passive attitude of the employer in relation act of discrimination. to the supervisor’s attitude and lack of any action 33 taken towards the degrading, humiliating and of- N.C.C.D.’s Steering Board found that acts of fensive framework built on the job represents an  III Examples based on case-law of findings made by N.C.C.D.’s Steering Board 2021 | ACTIVITY REPORT endorsement of the discriminatory behaviour applied gender, therefore, there is no need for comparability to work relations and an aggravating circumstance with the male workers. for discrimination. The law-maker puts into place a protection that is N.C.C.D.’s Steering Board found that acts of dis- aimed precisely at the special situation of the woman, crimination were committed pursuant to Art. 2 when considering pregnancy and maternity. Simi- para 1, Art. 2 para. 5 and Art. 15 of the Anti-dis- larly, the arguments according to which the wage crimination Law and ordered an administrative can be increased based on a professional evaluation sanction against the employer and the supervisor performed at individual level cannot be accepted by applying a fine amounting to 5,000 lei, re- as long as the criteria that underlay the employer’s spectively 2,000 lei. assessment were not transparent and as long as a limited number of employees were provided with Decision No. 269 of 03 March 2021 wage growths. The employer’s failure to provide an increased wage N.C.C.D.’s Steering Board found that acts of discrimi- when the female worker returns from the maternity nation were committed pursuant to Art. 2 para. 1 and leave taken for the disabled child represents an act Art. 7 b) of the Anti-discrimination Law and ordered of discrimination. an administrative sanction against the employer by applying a fine amounting to 5,000 lei. The arguments brought in the sense that no dis- crimination could be found based on the gender Decision No. 654 of 08 September 2021 criterion between the female employee and her 34 male colleagues cannot be accepted as pregnancy The suspension from the hospital manager position, and maternity cannot be separated from the female position which was taken based on professional  III Examples based on case-law of findings made by N.C.C.D.’s Steering Board 2021 | ACTIVITY REPORT competence criteria following a competition, with- N.C.C.D.’s Steering Board found that acts of discrimi- out any determining and genuine reasons, brings nation were committed pursuant to Art. 2 para. 1 and about the assumption of a differentiated treatment Art. 7 a) of the Anti-discrimination Law and ordered based on the criteria of non-political affiliation and an administrative sanction against the employer by represents an act of discrimination. applying a fine amounting to 5,000 lei. Access to public administrative and legal services, to health services, to other services, goods and facilities Decision No. 342 of 07 April 2021 represent the only determining criterion for assess- ing and contracting, respectively not contracting, a The bank’s refusal to grant a credit card based on loan-related product. the reasons that the applicant is over 64 years old, even if the applicant complied with the financial The bank had been previously sanctioned for having requirements related to the income level, represents committed an act of discrimination based on the age an act of discrimination. Even if the aim of the bank criterion, as found by the decision no. 391/06.05.2020. would be to eliminate the risk of loan default that N.C.C.D.’s Steering Board found that acts of discrim- would result from the fact that, once the retirement ination were committed pursuant to Art. 2 para. 1 35 age is reached, the income decreases, age may not and Art. 10 h) of the Anti-discrimination Law and  III Examples based on case-law of findings made by N.C.C.D.’s Steering Board 2021 | ACTIVITY REPORT ordered an administrative sanction against the Law and ordered an administrative sanction against service provider by applying a fine amounting to the service provider by applying a fine amounting 5,000 lei. to 5,000 lei. Decision No. 709 of 29 September 2021 Decision No. 211 of 10 February 2021 Failure to provide accessibility facilities in under- Failure to supply a banking service consisting from