Principiul nediscriminării. Note privind hărțuirea la locul de muncă

Abstract

The Romanian Constitution, numerous international and European norms, as well as abundant national legislation, enshrine the principle of equal rights and the prohibition of discrimination. This principle is especially important in the workplace. Indeed, labour relations being power relations, asymmetric relations of subordination, they constitute a special space for the manifestation of discriminatory acts. This paper concerns a specific form of discrimination, namely harassment. This has the particularity that it does not require a comparator. The Romanian legislation includes a detailed regulation of this subject, the usefulness of which can be jeopardized by non- compliance with the rules of legislative technique. The new methodology for preventing and combating harassment based on sex, as well as moral harassment at work, far from shedding light on the controversial issue of workplace harassment, ends up introducing confusion and ambiguities.