ROMANIA Law and Practice Contributed by: Oana Palita and Camelia Meirosu, Eversheds Sutherland Romania
the salaries they would have been entitled to had they not been dismissed, from the moment of the dismissal up to the moment when the court’s decision is final. This includes bonuses and any other entitlements that the employee would have received in that period. If the employee requests, the court can oblige the employer to reinstate the employee to the position they had prior to the dismissal. Moreover, the employer may be obliged to pay com - pensation for moral damages if the employee proves that they suffered prejudice due to their dismissal, as well as any other legal fees and court costs (if awarded by the court). 8.2 Anti-Discrimination Discrimination Grounds Romanian legislation specifically defines certain pro - tected characteristics – namely: • race; • nationality; • ethnicity; • colour; • language; • religion; • social origin; • genetic features; • gender; • sexual orientation; • age; • disability; • chronic non-contagious disease; • HIV infection; • political opinion; • family status or responsibility; • trade union membership or activity; and • membership of a disadvantaged group. Two forms of discrimination are regulated under Romanian law: • direct discrimination, which represents any act or fact of distinction, exclusion, restriction or pref - erence based on one or more of the protected criteria mentioned above, which has the purpose or effect of denying, restricting or withdrawing the
recognition, use or exercise of rights provided for in employment legislation; and • indirect discrimination, which represents any apparently neutral provision, action, criterion or practice that has the effect of placing a person at a disadvantage compared with another person on the basis of any of the criteria mentioned above, unless that provision, action, criterion or practice is objectively justified by a legitimate aim and the means of achieving that aim are proportionate, appropriate and necessary. Burden of Proof In discrimination claims, the burden of proof is partly reversed. The complainant must present initial prima facie evidence suggesting possible discrimination. Subsequently, the burden shifts to the employer, who must show that there was no discrimination or that their actions were justified. Applicable Sanctions Discriminatory practices are qualified as adminis - trative offences and are sanctionable with a fine of between RON1,000 and RON30,000 (approximately EUR200 and EUR6,000) per infringement. In addition to the above, the discriminated employee may also claim that any discriminatory conduct stop as well as compensation for any damages caused by the discrimination. Action can be taken before either the court or the National Council for Combating Dis - crimination. Reputational damages are also possible, with the employee having the possibility to request the publication in mass media of the summary of the decision that states the discrimination. 8.3 Digitalisation There is one legislative project that proposes that the parties involved in civil proceedings (including employment-related cases) be notified by the court clerk about the possibility of participating in the hear - ing by video conference. Currently, certain hearings can be carried out by video conference, depending on the availability and equip - ment of the court.
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