Discrimination In Labor Relations From Ethical And Legal Perspective

The purpose of this paper is to examine both from legal and ethical perspective the phenomenon of discrimination in labor relations, and in the light of current Romania's regulatory framework. Generally, the discrimination in laborrelations can take different forms depending on when it can take place at recruitment and employment, during labor relations through: establishing seemingly neutral conditions, but which have a disproportionate effect on a group of people, harassment, discriminatory establishment of disadvantageous conditions regarding the working regime, promotion or wage rights or related rights, failure to fulfill the obligation of reasonable accommodation for persons with disabilities, instigating discriminatory treatment by concluding labor relations. Also, it is well known that discrimination is one of the most sensitive and current subject, at national and international level, being founded in many areas of activity, including in labor relations, despite ofall legislative efforts made to combat it. In practice, employers were sanctioned for conditioning the employmentby gender, age, ethnicity, domicile or social category; criteria which, taking into account the factual situation, did not justify the establishment of a different treatment. Therefore, to avoid discriminatory situationsthe employer is desirable to use those criteria for the selection and recruitment of the candidates that must have an objective justification, reasonable and proportionate for the purpose pursued.