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„building trust in human rights”

CHAPTER III

CASE-LAW ASCERTAINING DISCRIMINATION ON GROUNDS

UNDER DIRECTIVE 2000/78/EC

41 RAPORT PRIVIND IMPLEMENTAREA DIRECTIVEI CADRU (2000/78/CE) ÎN ROMÂNIA

                                        I.         Case-law ascertaining discrimination under
                                                       the scope of the national transposition
                                                                 law of Directive 2000/78/EC

Directive 2000/78/EC has the objective of establishing a general framework for combating discrimination on grounds of religious affiliation or convictions, disability, age or sexual orientation with regard to employment and occupation in order to implement the principle of equality of treatment in member states27. National law in the field of non-discrimination concerns conditions of employment, criteria and requirements of employment, selection and promotion, access to all forms and levels of guidance, training and professional re-training and prohibits discrimination based on religion, convictions, sexual orientation, age, disability.28

1. Discrimination in the field of labour on grounds of RELIGION or CONVICTIONS

(2003) Employment relationships. Protest action. Adverse treatment. Measures against the employee. Convictions. F.G. complained against company S.N.C. regarding the treatment undergone as a result of his participation to a protest action against the economic measures taken by the company. The respondent took against the petitioner measures of demotion, salary decrease, transfer to another workplace and disciplinary measures. Through decision no. 76 of 11.03.2003, the Committee set down that the notification takes the form required by G.O. no. 137/2000 in order to be qualified as a discriminatory deed, ascertaining the infringement of provisions of art. 6 lett. a and b of G.O. no. 137/2000. Since from the date of deed perpetration over 6 months elapsed, the term for applying the sanction was lost by limitation. (art. 2 par. 1, art. 6 lett. a and b of G.O. no. 137/2000).

(2004) Labour relationships. Promotion. Apparently neutral criterion. Differentiated treatment. Political convictions. Mr. B.C.D. complained about the fact that within the company he works for he was treated differently with regard to access to employment and promotion, because of his political beliefs manifested through the participation in local elections. Despite the professional qualifications held and expertise certified he was not promoted, unlike other employees. Through decision no. 149 of 21.05.2004, the Committee found that the notified deeds are indirect discrimination, according to art. 2 par. 3 of G.O. no. 137/2000. amended through G.O. no. 77/2003 and art. 6 lett. d of G.O. no. 137/2000. The contraventional sanction of warning (art. 2 par. 3, art. 6 of G.O. no. 137/2000, subsequently amended and supplemented) was applied against the respondent.

(2004) Competition for admission to the profession. Organization. Considering the elements of religious freedom. Ms. R.C. applied to NCCD regarding the impossibility of persons 27 Art. 1 of Directive 2000/78/EC 28 Art. 2 par. 1 and art. 3 of G.O. no. 137/2000, republished