Abstract: The institution of discrimination covers the differentiations made by means of applying unequal legal treatment regarding the acknowledgement of fundamental rights of individuals in comparable or different situations, excepting aspects referring to positive measures. The criteria applicable to discrimination have evolved within the framework of international law, being subsequently transposed in national law systems. The primary anti-discrimination laws are represented by the consolidated version of the European Union Treaty, of the dispositions of the Fundamental Rights of the European Union Charter; similar dispositions are also found in the European directives on this subject, especially 2002/73/EC and 2006/54/EC,   as they include provisions regarding access to labour, promotion and professional development, wages, working conditions and social security. Regarding the national legislation, the special dispositions belong to Law no. 202/2002 on the equal opportunities of men and women, but also to the provisions of the Labour Code. The paper includes references to the possibility of employers to objectively justify discriminatory acts, inclusively applying CRDO jurisprudence on the subject.

Keywords: discrimination, treatment, gender, work, justification.