If you have been discriminated against by a private entity or individual, you can bring a civil case before a court.
Contents of the complaint
In your claim you should:
- provide information that indicates that you believe discrimination (including the grounds) may have taken place (who, what, when, how)
- name the legal provisions which have been violated
- indicate the amount of the requested compensation
- attach relevant documents that substantiate your opinion, if there are any
Procedure and time limits
In Moldova, discrimination complaints are processed by the courts in accordance with the Civil Procedure Code and the Law on Ensuring Equality. A civil claim based on the provision of the Law on Ensuring Equality can be brought on behalf of individuals by trade unions and human rights organizations. The civil claim should be submitted within one year after the incident or from the date when the person could have become aware of it.
You can also opt to complain before the Equality Council. Please note that the timeframes for an action in court may have expired after the Equality Council's review.
example According to Moldovan law, all claims concerning employment have to be submitted within three months from the event, however a claim of discriminatory hiring, working conditions or unequal pay which are based on the Law on Ensuring Equality can be submitted within one year.
Court’s assessment
The court will first assess whether you have been discriminated against. When dealing with cases concerning discrimination, the court will be obliged to shift the burden of proof. This means, that you first need to provide the court with evidence that discrimination took place. The duty to provide this evidence is called the burden of proof.
If the court thinks that the facts you have submitted give rise to a reasonable assumption that such violation has indeed occurred, it will conclude that you have been discriminated against unless your opponent (employer or service provider) can provide sufficient explanation for the way you have been treated. The burden of proof, that is the obligation to prove that actions are legal and justified, is then shifted to your opponent. This will usually mean that they have to show that the way in which you were treated had nothing to do with your characteristics (your sex, age, race, ethnic origin, religion or belief, disability etc.), or that there was a legitimate, objective and reasonable ground for differential treatment.
The Equality Council can submit its conclusions within the proceedings.
Compensation
The court may oblige your opponent to remedy the situation. It may order your opponent to cease the discrimination, reinstate you in your previous position or award you compensation. The compensation may include compensation for material (pecuniary) and moral (non-pecuniary) damages. The amount of compensation is be determined by the court.