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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