Harassment means any repeated, offensive, humiliating, or aggressive behavior that affects a person’s dignity, integrity, or emotional state. It can be verbal, physical, psychological, or even online. Its purpose or effect is to intimidate, frighten, or control someone.

Workplace harassment occurs when an employee is abused by a colleague, a superior, or even a subordinate. It can include: offensive remarks, insults, or inappropriate jokes; intentional exclusion from team activities; constant and unfair criticism; unjustified threats or pressure; unwanted sexual advances or sexually suggestive comments.

Such behavior not only harms the employee’s emotional health, but also creates a toxic and inefficient climate within the organization. Harassment is not “something normal.”

The psychological effects of harassment are among the most serious: chronic stress and anxiety, depression, insomnia and nightmares, concentration and memory disorders, social isolation, feelings of guilt and shame, post-traumatic stress disorder. Even those who consider themselves strong and confident can eventually break down. Physical symptoms may be the first warning signs: headaches, muscle tension resulting from a constant state of alert/fight, digestive problems, weakened immunity, illnesses that seem unrelated to the work environment, increased fatigue, cardiovascular issues. Thus, harassment is not only a moral or social issue — it is also a real health problem.

Enduring harassment in silence means, in fact, allowing it to continue. It is important to report it because this is the way for any affected person to protect their rights and dignity; to send a clear message that such behaviors are unacceptable; and to help other colleagues who may be going through similar situations. Speaking up and taking action against harassment is an important step toward a healthier and more equitable environment for everyone.

Authorities can intervene to sanction offenders and prevent recurring actions. In Romania, harassment is prohibited by law, and victims can seek support from the Territorial Labour Inspectorate, the National Council for Combating Discrimination (CNCD), or the courts. It helps to recognize that this is a privilege — among EU member states, only six have specific legislation on workplace harassment (France, Belgium, Denmark, Finland, Sweden, and the Netherlands). Therefore, Romania is one of the few states that recognizes the phenomenon and ensures employee protection in this respect.

Romanian law states that employers must take all necessary measures to prevent and combat acts of moral harassment at the workplace.

The legal texts on moral harassment must, however, be correlated, as they are found both in the Labour Code and in various special laws. We dare to say that the legislation is not yet mature in this field, with some provisions overlapping and some not entirely clear, but the support is real and the sanctions are real.

Employers are obliged to respect employees’ right to dignity at work and must include in the internal regulations clauses regarding the principle of non-discrimination and the removal of any form of violation of dignity.

Sanctions for employers who fail to comply with this obligation range from 30,000 to 50,000 lei if they do not implement the necessary measures. For employees who harass others, the law provides fines between 10,000 and 15,000 lei.

If a case of moral harassment at the workplace is confirmed, the court, for example, may oblige employers to take any of the following measures:
(i) all necessary actions to stop any acts of moral harassment at the workplace concerning the employee in question;
(ii) reinstate the employee in their position;
(iii) pay the employee compensation equal to the lost salary rights or pay compensatory and moral damages;
(iv) pay the employee an amount necessary for psychological counseling needed for a reasonable period established by the occupational health physician; and
(v) amend the employee’s disciplinary records.
The National Council for Combating Discrimination can impose some of the above measures, but not all.

The National Council for Combating Discrimination (CNCD) is the state authority empowered to take measures to combat discrimination, including harassment. To combat discriminatory acts, the Council exercises its powers in the following areas:
a) preventing discriminatory acts;
b) mediating discriminatory acts;
c) investigating, identifying, and sanctioning discriminatory acts;
d) monitoring discrimination cases;
e) providing specialized assistance to discrimination victims.

A person who considers themselves discriminated against may notify CNCD within one year from the date of the act or from the moment they could have become aware of it. Through the complaint filed, the person has the right to request the removal of the consequences of the discriminatory acts and the restoration of the situation prior to the discrimination. The claimant must present facts that may create a presumption of direct or indirect discrimination, and the burden shifts to the accused to prove that there was no violation of the principle of equal treatment. Before the Steering Committee, any means of evidence may be invoked, respecting the constitutional regime of fundamental rights, including audio and video recordings or statistical data.

CNCD resolves the complaint through a decision of the Steering Committee. The decision is issued within 90 days from the date of the complaint and includes: the names of the members who issued the decision, the names and addresses of the parties, the subject of the complaint and the parties’ statements, a description of the discriminatory act, the factual and legal grounds of the decision, payment instructions for the fine (if applicable), the appeals procedure, and the deadline for appeal.

The decision of the Steering Committee can be challenged in administrative court, and the court may uphold, modify, or annul it. This is most often the determining factor — which leads most victims of harassment to address the courts directly.

Simultaneously or separately, a person who considers themselves discriminated against may file a claim before the court requesting compensation and the restoration of the previous situation or annulment of the situation created by discrimination. The claim is exempt from the judicial stamp duty and, as previously mentioned, is not conditioned upon filing a CNCD complaint. However, court proceedings are burdensome, involve prolonged stress, may take years, and although exempt from stamp duty, require attorney fees for drafting and representation.

In summary, CNCD is a useful and accessible path for the rapid recognition of a harassment situation. However, for actual remedies (damages, reinstatement, enforcement of employer obligations), the court remains the preferred solution — precisely because, despite the duration and costs, it provides final decisions and concrete effects.

So far, in Romania, victims increasingly choose the courts to resolve harassment cases because:
• court decisions have superior legal force (a final court decision is enforceable and may include compensation, reinstatement, or other concrete measures);
• courts can grant both moral and material damages (CNCD can impose administrative fines, but cannot force the employer to compensate the victim; the court can);
• a final court decision has a stronger impact, especially in publicized cases;
• in court, the victim can request recognition of harassment, annulment of disciplinary sanctions, moral damages, and reinstatement — all in one process.

Regardless of the chosen path, what matters most for a victim of harassment is to take action and not contribute through silence to the spread of a phenomenon that erodes relationships, health, self-esteem, and normality.

Author: Atty. Lavinia Rusu