Cazul iresponsabilităţii juridice a angajatorului „de jure”. Operativitatea „avertismentului” în materia nediscriminării
he legal irresponsibility of the de jure employer. The usefulness of "warnings" in the area of non-discrimination

Summary/Abstract: he article is a review of two relevant topics of legal liability in the matter of non-discrimination. First of all it is an analysis of legal sanctions of de jure employers in the case when the act of discrimination – a press statement – was committed by a third party, perceived by the public as a de facto employer. In stage two, the analysis will focus on the efficacy and proportionality of warnings in the matter of discrimination. The study is based on the national jurisprudence, on CJEU Judgment in Case C-81/12, ACCEPT Association. The conclusion of this article is that an act of discrimination by a third party without any juridical contact with the employer does not automatically lead to sanctioning of the employer, when the employer is dissociated from the act of the third party. The second conclusion is that in discrimination matters warnings, as the main penalty in the national law system, meet the requirements of efficacy and proportionality.

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