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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Mexico
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In Mexico, the legislation on workplace sexual harassment includes several regulations that seek to prevent and punish harassment in the workplace:

  • Federal Labour Law (“LFT”): Article 3º Bis defines sexual harassment as a form of violence in which, regardless of subordination, there is an abusive exercise of power that leads to a state of helplessness and risk for the victim, regardless of whether it occurs in one or several events. In accordance with Article 133, Section XII of the LFT, employers or their representatives are prohibited from engaging in acts of harassment and/or sexual harassment against any person in the workplace. This concept was included in the LFT in 2012 and is considered a ground for termination with just cause for both employees and employers.
  • C190 Convention on Violence and Harassment (Convenio sobre la violencia y el acoso): Effective from 6 July 2022, this convention recognises the right to a work environment free of violence and harassment.
  • NOM-035-STPS-2018: This Mexican Official Standard addresses the identification, analysis, and prevention of psychosocial risk factors, including workplace harassment, promoting the prevention of violence at work. 

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

Yes, employers must take proactive action to encourage and ensure a workplace free of sexual harassment in accordance with the LFT. Furthermore, employers are strictly prohibited from tolerating such actions in the workplace according to the LFT. 

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? 

The #MeToo movement did not have a direct impact on the number of harassment claims. However, the #MeToo movement later inspired certain social movements in Mexico, which have led to greater enforcement by companies in reporting and sanctioning acts of sexual harassment.

In accordance with the LFT, an employee who engages in acts of sexual harassment can be terminated with just cause. Likewise, if an employer engages in or tolerates acts of sexual harassment against its employees, they will be sanctioned with an economic penalty. 

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

The priority in the fight against sexual harassment is red. Given the circumstances in Mexico regarding the prevalence of sexual harassment in the workplace, it has become a high priority for employers and authorities to eradicate and sanction such conduct. 

6. Any other relevant information on workplace harassment?

Not only is sexual harassment prohibited, but also any type of discrimination based on gender, ethnicity, sexual orientation, as well as non-sexual harassment from superiors to subordinates. 

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? 

In Mexico, the media has increased coverage of workplace harassment, uncovering cases in sectors such as health, education, and media and entertainment. This has prompted greater public debate and pressure on companies to take corrective action.

Regulators have also stepped up their efforts, strengthening the LFT and requiring companies to implement anti-harassment protocols. The Ministry of Labour and Social Welfare (STPS) has increased oversight and sanctioning of these practices, supported by the ILO Convention on Violence and Harassment, in force since 2022. This has contributed to a safer work environment, especially benefiting vulnerable groups such as women and young people.