Discrimination by association, harassment and victimization of employees: prohibited by the latest amendments to the Labor Code

Starting with July 27, 2020, the provisions of law no. 151/2020 for the amendment and completion of Law no. 53/2003 – Labor Code are entering in force. Beside to a consistent series of updates and additions to the definitions of direct and indirect discrimination already provided for in the Labor Code, the legislator introduces new bans and definitions for harassment, victimization and discrimination by association.

Thus, the employer must refrain from any type of behavior that has the purpose or effect of harming a person’s dignity and generate an intimidating, hostile, degrading, humiliating or offensive work environment for the employee, who may considere himself harassed under these conditions. It also constitutes victimization any adverse treatment, which comes in response to a complaint or legal action for violation of the principle of equal treatment and non-discrimination.

The new regulations also protect the employee from discrimination by association, discrimination consisting of any fact or act of discrimination committed against a person who, although is not part of a category of persons who could be discriminated against, is associated or presumed to be associated with one or more persons belonging to such a category of persons.

For non-compliance with these provisions, the employer may be sanctioned with a fine of up to 20,000 lei.

The previously mentioned informations are valid on 27.07.2020. To update the information please contact us.