1.  Please describe whether there is any legal regulation (laws or collective bargaining agreements) or other measures in this jurisdiction which prohibit sexual harassment in the workplace, and since when has the prohibition been in force?
  2.  Are employers in this jurisdiction required to take pro-active action to prevent sexual harassment in the workplace? 
  3.  Did the #MeToo movement have a noticeable impact on the number of harassment claims against your employer clients when it first began in October 2017 and has the position changed since then? 
  4.  What legal remedies are in place to resolve or compensate for workplace sexual harassment in this jurisdiction?
  5.  On a traffic light red/amber/green scale, how high a priority is tackling sexual harassment for clients in this jurisdiction? 
  6. Any other relevant information on workplace harassment? 
  7.  Are you aware of any sectors which have been particularly affected by, or concerned with, harassment? For example, where reports of complaints are high, or the media have exposed an issue, or regulators are taking action?

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Romania
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Sexual harassment in the workplace is prohibited in Romania pursuant to the following legislative acts:

  • Government Ordinance no. 137/2000 on the prevention and sanctioning of all forms of discrimination, in force since September 2000;
  • Law no. 202/2002 on equal opportunities and treatment between women and men, in force since May 2002;
  • Methodology on the prevention and combating of harassment based on gender, as well as moral Harassment in the workplace, in force since October 2023 

2. Are employers in this jurisdiction required to take pro-active action to prevent sexual harassment in the workplace? 

Yes. In order to prevent sexual harassment in the workplace, employers have the following main obligations under the law:

  • to establish in the internal regulations of the company rules regarding the prevention of discrimination and harassment in the workplace;
  • to initiate disciplinary actions in cases of suspected harassment;
  • to organise annual training sessions for employees on this topic;
  • to adopt a specific internal guide on preventing and combating sexual and moral harassment.

3. Did the #MeToo movement have a noticeable impact on the number of harassment claims against your employer clients when it first began in October 2017 and has the position changed since then? 

Although the #MeToo movement was highly debated in the public space when it occurred, we have not noticed a significant impact in the Romanian workplace environment. Generally, the number of complaints on sexual harassment filed before the courts of law is relatively small. Regarding our clients, only a few have faced complaints on such grounds. 

The legislation in force encourages employees to first address any issues with the employer, who should take the necessary actions, such as starting an internal investigation, taking preventive measures, or attempting conciliation between the parties involved. 

However, employees may also directly sue the employer for failing to prevent sexual harassment in the workplace. The legislation does not provide for a specific minimum compensation, and this amount is determined by the court on a case-by-case basis, considering the specific circumstances, the scope and intensity of the harassment, and the extent of the damages suffered. 

5. On a traffic light red/amber/green scale, how high a priority is tackling sexual harassment for clients in this jurisdiction? 

Amber. Although the scale of sexual harassment complaints remains low, companies' interest in the topic is growing following developments in legislation, which has become stricter in recent years. Additionally, employees are becoming more aware of their legal rights. 

An increased interest from clients seeking advice on how to comply with harassment legislation has been especially noticeable since 2023, when new legal rules on this subject were adopted. 

6. Any other relevant information on workplace harassment? 

An employee who has been subject to harassment can also make a complaint to other institutions with competence in the field of harassment, such as:

  • the territorial labour inspectorate, which may apply administrative fines to the employer;
  • the police/public prosecutor, in case the harassment qualifies as a crime under the Criminal Code. 

7. Are you aware of any sectors which have been particularly affected by, or concerned with, harassment? For example, where reports of complaints are high, or the media have exposed an issue, or regulators are taking action?

The sectors that have been particularly affected by harassment issues are public ones, especially educational institutions, public order agencies (e.g., police), and hospitals. In recent months, there has been a flurry of complaints by current and former university students regarding allegations of sexual harassment within universities.