Ley contra el Hostigamiento Sexual en el Empleo y la Docencia (Ley N.º 7476)

The Ley contra el Hostigamiento Sexual en el Empleo y la Docencia (Law Against Sexual Harassment in Employment and Teaching, Ley N.º 7476 of 1995) prohibits and penalizes sexual harassment as a discriminatory practice in employment and educational relationships, in both the public and private sectors.

What is considered sexual harassment (Articulo 3): any unwanted sexual conduct by the recipient that is repeated and affects their working or studying conditions, performance, or personal well-being. A single incident also counts as harassment if it is sufficiently severe to harm the victim.

Forms of manifestation (Articulo 4): requesting sexual favors in exchange for preferential treatment (or threatening to harm the person's employment or academic standing if rejected); using words of a sexual nature that are hostile, humiliating, or offensive; and unwanted physical approaches or other physical conduct of a sexual nature.

Obligation of the employer or superior (Articulo 5): every company or institution must maintain an internal policy that prevents, discourages, and penalizes sexual harassment, including a confidential complaint procedure that CANNOT take more than 3 months from the date the complaint is submitted. If the employer receives a complaint and fails to fulfill this obligation, the employer itself becomes liable (Articulo 12).

Protection for complainants (Articulos 14-15, 17): anyone who reports sexual harassment or testifies cannot suffer detriment in their employment or studies as a result. They can only be dismissed for a justified and serious cause under articulo 81 of the Codigo de Trabajo, and the employer must process that dismissal before the Ministerio de Trabajo, where they must prove just cause. If the workplace does not have the internal procedure required by articulo 5, or fails to comply with it, the affected person may resign, considering the contract terminated WITH employer liability (entitling them to full severance benefits, as if they had been unfairly dismissed).

Path forward if the internal procedure does not resolve the issue (Articulos 18-19): once the internal workplace procedure is exhausted (or if it could not be completed for reasons beyond the victim's control), a lawsuit can be filed in the labor courts — against both the harasser and the employer or superior.

Possible penalties (Articulo 25): written reprimand, suspension, or dismissal, depending on the severity — without prejudice to the conduct also constituting an offense prosecuted separately through criminal channels. Anyone found responsible for harassment can be dismissed without employer liability (Articulo 27), and the victim is entitled to compensation for moral damages if the case goes to judgment (Articulo 28).

False accusations (Articulo 16): anyone who reports sexual harassment knowing it to be false may be guilty of defamation, insult, or slander under the Codigo Penal.

Note: this fact sheet summarizes a 32-article law focused on the employment and educational spheres (it does not cover street sexual harassment or other forms of harassment outside of those relationships, which are governed by other regulations, such as the Codigo Penal). In an actual situation, the first step is to check whether the workplace or educational center has an internal complaint procedure, and if none exists or it fails to function, go directly to the Ministerio de Trabajo y Seguridad Social or the labor courts.