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About discrimination at your workplace

Knock knock Lawyer: -Yes, come in! Jessica Smith: -Good afternoon! Im Jessica Smith, we talked at phone, yesterday. L: -Oh, yes Please, take a seat. Tell me, how can I help you? J.: -Im here, because I need some advice from a lawyer. L.: -Ok, tell me your problem, and Ill see what I can do. J.: -I work as a journalist, at a local newspaper, and sometimes, I fell discriminated against, about my boss. I dont know many things about this subject, so I want to find more about it. L.: -In the first way, you should know that, legally speaking, discrimination means before all, the prohibition and restriction of using yours fundamental rights and freedoms. It also means treating someone differently because of subjective criteria. Those criteria can be: race, color, sex, religion, national origin, disability, citizenship status, sexual orientation, height, weight, and the list can go on. J.: -The marital status can be one on that list? L.: -Yes, of course. You are married or not? J.: -Im married and I have one child, who is 20 years old. My boss, think that I can not write about important subject because I am married, and I wont be able to pay all my attention to details, like an unmarried one. L.: -And this is true? J.: -No, because, before he became our boss, with my old boss I win the award for the best journalist. And other reason for which he didnt give me important subject is that I am women, and women can not do a work so good like men, says he. The problem with all this is that it affect me at my salary and my reputation is down. So, please advise me, what I can do. L.: -You should know that our system law protect people from discrimination, the most important organism is the National Council for Combating Discrimination, and the legal acts are The law number 44/2002 and The Labor Code. To be able to prove your claims, I will learn you few tips. In the first way, take notes, write down every time when your boss discriminates you. J.: -And how this will help us? L.: -In this way you will remember the incident with all its details, and this will help me, to prepare a better prosecution. Also, collect documents and keep copies of any documents that seems to indicate discrimination. J.: -I have a letter in which, my boss tell me that he can not promote me in a higher position, because I am women. Can we use this document, it is good?! L.: -Yes, it is more than good, it is perfect! And about the other employees, are they discriminated like you? Try to talk with them, maybe they have faced similar problems or heard about this. J.: -I have a colleague, who knows about this problem, but I dont know if I can convince him to help me

L.: -For now, do what I told you, so that I can build the case, and then well see. J.: -And which will be the next step? L.: -Then, well address a petition to the National Council for Combating Discrimination, which will investigate the case and if it turns out that really is a discrimination, it will sanction the responsible one. But we must move fast, because the petition must be made in one year from de date when the incident was committed or from the date when you took notice of it. J.: -Which will be the sanction? L.: -In your case, it could be advertisement or fine from 400 RON at 4 000 RON. So, the question is, you really want to go ahead with this? Because, I prevent you, will not be easy to prove that your boss discriminates you. J.: -Yes, of course, this is the reason for why Im here, I want to be appreciated at my real value. L.: -Ok, in this case Ill start immediately to work at the petion. J.: - For now, thank you and see you again, Mr. lawyer. L.: -With pleasure, Goodbye, Ms. Smith! J.: -Goodbye.

Gatu Alexandra Drept, an II, gr. 622

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