Vezi raport EN

14. Conditioning the acceptance of a candidate on a job position on “higher long term education of technical profile” and job seniority of at least 2 years in the field of education The petition filed by T.A., the petitioner, with the Romanian National Council for Combat- ing Discrimination on 09.09.2015 concerned the restriction of the right to apply for a job opening. The defendant published in local media a job opening announcement within the Procurement and Public Acquisitions Office, potential candidates being required to meet the conditions of “higher long term education of technical profile” and at least 2 years seniority in a job within the profile of education. The petitioner considers the educational criterion as discriminatory taking into account the employing office name and the contest study material; thus, he says, technical long term education graduates are favoured against economical long term education graduates.

After analysing the announcement, the contest study material and the job responsibilities, the Steering board notes that the conditions (higher long term education of technical profile and at least 2 years seniority in a job within the profile of education) unjustly restrict the occupation of the respective opening. Due to the nature of specific professional activities, one can note that said conditions are not professional real and determinant requirements. After analysing the real situation and the corresponding legal provisions, the Steering board note that these conditions imposed by the employer are not professional real and determinant requirements, the object being illegitimate.

The Steering board Resolution no. 216/16.03.2016 stated (unanimously voted by all members attending the meeting) that the situation falls under the provisions of Art. 2 par. 3 and par. 6 and of Art. 8 par. 2 of the GO 137/2000 on the prevention and punishment of all facts of discrimination, as republished. It has also been ruled (unanimously voted by all members attending the meeting) that the defendant be sanctioned with a contraventional fine of Lei 1,000.

15. Restraining access to education The Romanian National Council for Combating Discrimination opened an investigation by itself on the specific criteria for the enrolment of children in the primary education system, preschool year, criteria limiting the children’s access to the preschool year on the basis of their belonging to a certain social category.

The management of the defendant high school stated that the list of criteria approved by the Steering board was forwarded to the Inspectorate, accompanied by the associated in- ter-institutional correspondence meant to achieve “as less discriminating as possible”. The Inspectorate calls for the provisions of Government Ordinance no. 137/2000 and requests the change of criterion 4 by adding brothers who did not graduate from that particular high school and, per the specific criteria established by the high school, states that they contain positive statements and do not include restrictions or limitations.

Following the analysis of imposed criteria, the Steering board notes that defendant parties condition children’s access to the preschool year on the criterion of family relations (brothers,

Examples of the Council Steering board’s case law                                                     53