Considerations on the efficiency of procedures established by GO no. 137/2000 concerning the prevention and sanctioning of all forms of discrimination in the field labour relations (original) (raw)

2015

Abstract

As emphasized by the doctrine, Government’s Ordinance no. 137/2000 concerning the prevention and sanctioning of all forms of discrimination represents the common law in the matter of forbidding discrimination. The ordinance is thus equally applicable to all discriminatory situations arising in a working environment. To emphasize the seriousness of discrimination, the legislator made more procedural options available to discrimination victims, some of which also include the control of the institution in charge (CNCD). However, in the context of special legal provisions of labor jurisdiction, there is the risk of multiplying and mutually impairing simultaneous legal actions concerning the same decision of the employer. In order to reconcile the necessity to avoid parallel lawsuits with the legislator’s intention to adequately and efficiently sanction discrimination, the article aims to offer a few suggestions for adjusting such inadvertencies.

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