Sexual harassment in the workplace in Colombia

Colombia started to regulate harassment in the workplace in 2006 with the enactment f Law 1010 of 2006, This law establishes the measures that employers must take in order to avoid and mitigate harassment taking place in the workplace, including the creation of internal prevention and conciliation procedures in situations where workplace harassment has occurred in the company. In relation to sexual harassment, Article 2 of Law 1010 of 2006 defines workplace harassment as: “all act(s) of violence that affects the physical or moral integrity, physical or sexual freedom and the goods of someone who performs as an employee”. 

Additionally, it is important to highlight that besides the employment law perspective, the Colombian Criminal Code establishes that sexual harassment and other sexual conduct (such as rape, abusive sexual behaviours) are considered a crime. (Articles 205 to 210 of Colombian Criminal Code).

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

Yes, regarding the measures contained in Law 1010 of 2006, employers must include in their internal work regulations all the measures and internal procedures in order to prevent and deal with possible workplace harassment cases. Also, it is mandatory to have an internal work harassment committee that will be in charge of promotion and prevention activities, and should also carry out the investigation and conciliation activities in the event that there are complaints of harassment in the workplace.

3. Has the #MeToo movement had a noticeable impact on the number of harassment claims against your employer clients?

Yes, the #MeToo movement has had a powerful impact on our society (as it has on many countries), and has encouraged many people who may have been victims of sexual harassment, to report workplace sexual harassment  complaints.

What legal remedies are in place to resolve or compensate for workplace sexual harassment in your country?

Article 13 of Law 1010 of 2006 states that sanctions may be imposed on those people who have committed workplace harassment. It is important to highlight that before these sanctions are imposed, it is necessary fora Judge to have made a finding that workplace harassment has taken place. It is also necessary that in those cases of sexual harassment, a criminal complaint has been filed. 

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

On a traffic light red/amber/green scale, how high a priority is tackling sexual harassment for clients in your country?

Lately, as a result of movements such as #MeToo and the promotion of gender equality, the subject has become a priority for companies and employers, therefore it is considered to be a red light.

6. Any other relevant information on workplace harassment?

In Colombia it has been common for some employees who are subject to a disciplinary investigation, to try to avoid their responsibilities, by presenting claims of workplace harassment, arguing that the employer’s investigation against them, is in their opinion harassment which shows an inappropriate and abusive use of the procedure. However, article 8 of Law 1010 of 2006 expressly states that the fact that the employer performs disciplinary action is not considered 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? 

The number of harassment claims and complaints has recently increased in many industries. Since the #MeToo movement the majority of the claimants are women who report allegations of harassment by their co-workers or managers. Also, it is important to highlight that not all the harassment claims have a sexual component. Hence, it is common to have complaints about other conduct that may be considered workplace harassment, such as bullying, verbal abuse, persecution, and discrimination for race, sexual orientation discrimination and nationality matters.