Treated unfairly in Romania? How to file a discrimination complaint with the CNCD and what you can claim in court

Take two hypothetical examples. A 52-year-old woman goes to a job interview for a cashier position and hears: “We are looking for someone younger, who fits the team.” A young Roma man is stopped at the door of a bar while his friends walk in without any problem. Both feel that something is wrong. Many people in their position give up: they do not know where to complain, or they think it will be their word against someone else’s.

Romanian law has a concrete tool for these situations. This guide explains what discrimination means in law, how to file a complaint with the National Council for Combating Discrimination (CNCD), what you can claim in court and what changed in 2026 at European level.

What the law says

The main text is Government Ordinance No. 137/2000 on preventing and sanctioning all forms of discrimination, republished, as amended. It defines several forms of discrimination:

• Direct discrimination (Article 2(1)): any distinction, exclusion, restriction or preference based on race, nationality, ethnicity, language, religion, social category, beliefs, sex, sexual orientation, age, disability, chronic non-contagious disease, HIV infection, belonging to a disadvantaged category or any other criterion, whose purpose or effect is to restrict or remove your rights on an equal footing. The list ends with “any other criterion”, so it is not closed.
• Indirect discrimination (Article 2(3)): a rule that looks neutral and seems to apply to everyone in the same way, but in fact disadvantages certain people on one of these grounds. It is allowed only if it pursues a legitimate aim and the means are appropriate and necessary.
• Harassment (Article 2(5)): any conduct linked to one of these grounds that creates an intimidating, hostile, degrading or offensive environment.
• Workplace bullying (“moral harassment”, Article 2(5¹)-(5⁷), added by Law No. 167/2020): conduct by a manager, a colleague or a subordinate that worsens your working conditions by harming your rights or dignity, your physical or mental health or your professional future. The definition does not refer to the grounds listed above. The employee proves the facts, the burden of proof then lies with the employer, and the intention to cause harm does not have to be proved (paragraph 5⁷).
• Victimisation (Article 2(7)): any adverse treatment in response to a complaint or a court case about discrimination is also sanctioned.

The ordinance covers almost every area of public life. Chapter II expressly names work and economic activity; access to public administrative and legal services, to health care and to other services, goods and facilities; education; freedom of movement and access to public places; and the right to personal dignity (Articles 6-15).

Discrimination is a minor offence (contravenție). The fine ranges from 1,000 to 30,000 lei when one person is targeted, and from 2,000 to 100,000 lei when a group or a community is targeted (Article 26(1)). Workplace bullying by an employee is fined between 10,000 and 15,000 lei (Article 26(1¹)). The CNCD or the court can order the perpetrator to publish a summary of the decision in the media (Article 26(2)).

Two different routes: the CNCD and the courts

• A complaint to the CNCD: the deadline is one year (Article 20(1)). The Council can find discrimination and sanction it as a minor offence. The ordinance provides for no fee for the complaint.
• A court claim: the deadline is three years (Article 27(2)). You can claim compensation and the restoration of the situation before the discrimination, or the cancellation of the situation it created. The claim is exempt from court fees (Article 27(1)).

Both deadlines run from the date of the act or from the date you could have learned of it. A court claim does not depend on a complaint to the CNCD (Article 27(1)), and the Council must be summoned in the case (Article 27(3)). The same rule of proof applies in both procedures: you show the facts, the other side must prove that it did not discriminate against you (Articles 20(6) and 27(4)).

What changed recently

In May 2024, the European Union adopted two directives on equality bodies, the institutions such as the CNCD. Council Directive (EU) 2024/1499 covers, among other things, discrimination based on racial or ethnic origin and, at work, on religion or belief, disability, age or sexual orientation. Directive (EU) 2024/1500 covers equal treatment and equal opportunities between women and men at work. The transposition deadline for both was 19 June 2026.

Directive 2024/1499 requires, among other things:

• services free of charge for complainants, throughout the country, including in rural and remote areas (Article 12(3));
• the possibility of filing a complaint orally, in writing and online (Article 12(2));
• the option of alternative dispute resolution, such as mediation or conciliation (Article 7);
• a documented assessment of each case, with a reasoned conclusion and remedial measures, backed by follow-up or enforcement mechanisms (Article 9).

What Romania has done: in the EUR-Lex database of national transposition measures, Romania lists 16 acts for Directive 2024/1499 and 15 for Directive 2024/1500. For the first, the list is mainly existing legislation (Ordinance No. 137/2000 and its amendments, Government Decision No. 1194/2001 on the organisation of the CNCD), plus two orders of the CNCD president: No. 27/2024 on the internal procedure for handling complaints, and No. 43/2026, which amends that procedure. The ordinance itself has not been amended since 2022. Whether these acts meet every requirement of the directives is for the European Commission to assess; we will return to it when there is a public position.

What you can do, step by step

1. Write down what happened straight away. The date, the place, who was there, what was said, as precisely as you can. Notes made at the time are more credible than memories pieced together months later.
2. Gather evidence. The law accepts any means of proof, including audio and video recordings or statistics (Article 20(6)). Messages, e-mails, screenshots, job adverts and written statements from witnesses also count. At work, you can ask your employer for a copy of your personal data under the GDPR; see our guide to the right of access.
3. Write the complaint. The CNCD asks for: your name and a correspondence address (preferably a postal one, not only e-mail), a copy of your identity document, a detailed description of the facts (date, context, witnesses, evidence), the ground of discrimination (for example age, ethnicity, sex, a chronic illness), the details of the person or company you complain about and your signature. The CNCD website has a template (in Romanian).
4. File it within one year. By post or in person, you file one copy for each respondent plus one for the Council; the complaint can also be sent by e-mail. The head office is in Bucharest, Piața Valter Mărăcineanu 1-3, sector 1, and the CNCD has regional offices in Târgu Mureș and Buzău. Do not wait until the deadline is close: over time, evidence and testimony are lost.
5. Take part in the procedure. The Steering Board must summon the parties, but their absence does not prevent a decision (Article 20(4)). You may be invited to a hearing and you can reply to the other side’s position. The law provides for a decision within 90 days of the complaint (Article 20(7)); the CNCD states on its website that this deadline is a recommendation and can be exceeded.
6. Read the decision and the deadline to challenge it. The decision is communicated within 30 days of its adoption (Article 20(8)) and must state the remedy and the deadline (Article 20(7)). According to the CNCD, either party can challenge it before the administrative court within 15 days of receiving it. Decisions not challenged within 15 days become enforceable by law (Article 20(10)).
7. For compensation, go to court. You have three years (Article 27(2)) and there is no court fee. If you cannot afford a lawyer, you can apply for state legal aid under Emergency Ordinance No. 51/2008.

Where to get help

• The CNCD (in Romanian): phone assistance for complainants, Monday to Thursday, 11:00-13:00, on +40 21 312 65 78 or +40 21 312 65 79, extension 206; in-person assistance at the head office at the same times.
• Human rights NGOs: they can bring a case when discrimination affects a group or a community and, at your request, on your behalf too (Article 28).
• The bar association in your county: information on state legal aid.
• Your trade union, if you are a member, for discrimination or bullying at work.

Frequently asked questions

“I have no witnesses. Is it worth filing a complaint?” Yes. The law does not require witnesses: you present facts from which discrimination can be presumed, and the other side must prove the opposite (Article 20(6)). Messages, documents and recordings can matter just as much.

“I am afraid I will get into trouble at work if I complain.” Adverse treatment in response to a discrimination complaint is victimisation and is sanctioned (Article 2(7)). For workplace bullying, the law prohibits sanctioning, dismissing or discriminating against an employee because they were subjected to bullying or refused to be (Article 2(5³)). If you have already been dismissed, read our guide on dismissal too: the deadline there is shorter.

“Can I go straight to court, without the CNCD?” Yes. A court claim does not depend on a complaint to the Council (Article 27(1)), and the court must summon the CNCD (Article 27(3)).

“More than a year has passed.” The deadline for the CNCD is one year, but for a court claim you have three years. Both run from the act or from the date you could have learned of it.

Verified on 1 November 2026. This guide explains the law in force on the date of verification. It is general information, not legal advice, and does not replace a lawyer’s advice on your specific situation. Deadlines are short: if in doubt, act early.