Harassment is a manifestation of power dynamics and can occur in cases of unequal workplace relationships.

It is an unwanted behavior, including sexual in nature, that makes a person feel offended, humiliated, or intimidated. This includes situations where a person is asked to engage in sexual activities as a condition of employment, as well as those that create a hostile, intimidating, or humiliating work environment. Harassment involves multiple incidents and/or repeated actions that constitute physical, verbal, and non-verbal harassment.

Sexual harassment and harassment in general contradict the principle of equal treatment between men and women and constitute discrimination based on sex. These forms of discrimination occur not only in the workplace but also in relation to access to jobs, training, and career advancement. In this context, employers and those responsible for professional training are encouraged to take measures to combat all forms of discrimination based on sex, particularly by implementing preventive measures against workplace harassment and sexual harassment, in accordance with national laws and practices.

Legal Framework

The European legal framework is represented by:

• Directive 2000/78/EC of the Council (November 27, 2000) establishing a general framework for equal treatment in employment and occupation.
• Directive 2006/54/EC of the European Parliament and the Council (July 5, 2006) on implementing the principle of equal opportunities and equal treatment for men and women in employment and work.

At the national level, the legal framework includes:

• General provisions from the Labor Code, Criminal Code, and Administrative Code.
• Law No. 202/2002 on equal opportunities and treatment between women and men, republished with amendments.
• Government Ordinance No. 137/2000 on preventing and sanctioning all forms of discrimination.
• Government Decision No. 262/2019, approving the Methodological Norms for implementing Law No. 202/2002.

Employer Obligations in Romania

Both public institutions and private companies, regardless of the number of employees, are required to create and implement a unified and coherent framework addressing gender perspective integration, as well as the prevention, combating, and management of workplace harassment based on sex and moral harassment.

The primary objective of this framework is to ensure an optimal working environment, based on equal respect for human dignity, and to provide all employees, regardless of gender, with conditions fostering trust, empathy, understanding, professionalism, and dedication to the general interest.

Examples of Workplace Harassment Conduct

Physical Conduct

• Unwanted, repeated physical contact (inappropriate touching).

• Physical violence, including sexual assault.

• Using threats or workplace-related rewards to solicit sexual favors.

Verbal Conduct

• Comments about an employee’s appearance, age, or private life. Sexual comments, jokes, or stories.

• Repeated, unwanted social invitations for dates or intimacy.

• Insults related to gender or other personal characteristics.

• Explicitly sexual, degrading, or humiliating messages via phone, email, or other communication channels.

Non-Verbal Conduct

• Displaying sexually suggestive or explicit materials.

• Sexual gestures, whistling, prolonged staring.

Other Examples

• Sharing offensive or inappropriate materials.

• Unwanted attention, such as stalking, excessive familiarity, or persistent personal questions.

• Suggestions that sexual favors could lead to professional advancement or that refusal could harm one’s career.

Measures for Preventing and Combating Harassment

The institution’s leadership, as defined by law, must:

• Develop a guide on preventing and combating harassment, in compliance with Government Decision 970/2023, and ensure that employees are informed of its provisions.
• Ensure that all employees are involved in eliminating sexual and moral harassment at work through a pragmatic approach to handling such situations.
• Establish mechanisms to report and resolve all instances of inappropriate behavior.
• Ensure that harassment allegations are thoroughly investigated and reported according to legal norms.
• Appoint a responsible person or committee to receive and address complaints.
• Guarantee that employees feel heard, are free to report incidents without constraints, and that all complaints remain confidential.
• Maintain a register of reported cases, where all complaints are documented.
• Ensure that employees found guilty of confirmed harassment cases are sanctioned according to the law.
• Implement all protective measures for the victim.

Responsibilities of the Designated Person/Committee

The person or committee responsible for handling harassment cases must:

• Inform employees about company policies and applicable laws.
• Provide support and counseling for affected employees while maintaining confidentiality.
• Investigate all complaints, whether formal or informal.
• Report cases of harassment to the employer or institution’s leadership.
• Work closely with employees to gather relevant information for resolving cases.
• Manage the complaint resolution process, including disciplinary measures, in cooperation with company leadership.

Complaint Procedures

Employees who experience harassment at work can use two types of internal procedures:

Informal Procedure

• The harassed employee should, if possible, inform the alleged harasser that their behavior is unwanted and inappropriate.

• If direct confrontation is not possible, the victim can report the issue to the alleged harasser’s superior.

Formal Procedure

• A written or verbal complaint is recorded in the Registry of Reported Cases and follows a legally defined process.

• The complaint must be signed by the victim, with identity protection ensured.

• Upon receiving a complaint, the designated person or committee must:

• Allow the alleged harasser to respond.

• Ensure the harasser understands the complaint mechanism.

• Inform the harasser about company policies and applicable laws.

• Clarify potential sanctions.

• Facilitate discussions between the parties, if the victim agrees.

Employees can also file complaints outside the company with:

• The Territorial Labor Inspectorate
• The National Council for Combating Discrimination
• The Courts
• Law enforcement authorities if the harassment meets the criminal thresholds defined in the Criminal Code.

By implementing these measures, workplaces can foster a safe and respectful environment where all employees feel protected and valued.

Author: Atty. Lavinia Rusu