Discrimination and harassment in the workplace: responsibilities and solutions for employees and employers 👥💼

Discrimination and harassment in the workplace have a profoundly negative impact on the mental and physical health of employees, as well as affecting the organizational climate and the reputation of the employer.

Preventing and combating harassment and discrimination in the workplace requires a joint effort - employers need to create an effective institutional framework by implementing the necessary internal policies and promote an organizational culture based on respect and fairness, and employees need to be informed and exercise their rights under the law whenever they encounter such situations.

In Romania, the legislation in force expressly prohibits any form of discrimination and harassment in the workplace and establishes a series of concrete measures to prevent and sanction such behavior.

Employer's obligations

In order to manage the occurrence of such situations, employers are obliged to adopt and implement effective measures to prevent and combat discrimination and harassment at work, including:

• Include in the internal documents clear and accessible provisions specifying, preventing and combating any form of harassment or discrimination, as well as establishing transparent procedures for reporting and investigating complaints that allow employees to report such behavior without fear of negative consequences, including drafting and adopting a Guide on preventing and combating gender-based harassment and moral harassment at work, in accordance with the legal provisions;
• Organize training and awareness-raising sessions for employees to highlight the behaviours that constitute harassment and discrimination in the workplace, as well as the obligations that employees have to prevent and combat them.

Employees' rights and protection

Employees who experience discrimination and harassment at work have a number of legal rights and tools to protect their interests and to hold those involved to account. These include:

• Reporting the case within the employer in accordance with the internal procedures established at company level and the applicable legal provisions on the matter;
• Referral to the Territorial Labour Inspectorates to check the employer's compliance with labour legislation and take appropriate measures;
• Referral to the National Council for Combating Discrimination to analyse cases of discrimination and apply possible sanctions;
• Refer the case to the courts to claim compensation for damages suffered as a result of harassment or discrimination at work.

If you are a victim of discrimination or harassment in the workplace or an employer who wants to ensure that they comply with their legal obligations in this area, please contact us. We can provide you with specialized legal advice and specific guidance on the legal steps you need to take to protect your rights and comply with the applicable law.