Sexual Harassment in Mexico

 
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The paradigm of labor legislation rests solely upon human interaction and group evolution, it is crucial that lawmakers, attorneys, and consultants escape from the binding delusion of common knowledge, comprehension, and intuition to actually enter into a deeper understanding of workplace issues and their economic social and psychological implications.

Sexual harassment as any form of unwelcome sexual behavior, offensive or intimidating behavior is indeed against the law, but it is, more importantly, a social and interactive behavioral anomaly that must be prevented, analyzed and dealt with according to a sound knowledge of the participants, the events, effects, and ramifications of the behavior.

When incorporating human daily interaction with moral and philosophical concepts and violence that can and does actually affect people, productivity stability and growth, it is of the utmost importance that employers and consultants guarantee conditions as to safeguard employees and thereafter remain objective when and if circumstances arise. Sexual harassment is a relatively new concept for Mexican Lawmakers and courts, thus it is imperative that the culmination and implications of the effects are contained and understood.

Per the human rights commission in Mexico, sexual violence is legally defined as any act or omission that involves sexual characteristics, discrimination and a threat to a basic human right that encompasses a transgression to the physical, psychological, moral or social integrity as well as the freedom and dignity of any member of the community.

Governing Laws in Mexico:

  1. -General Law to guarantee access to a life free of violence for women.

  2. -Criminal code

  3. -Federal Labor Law

It must be said that sexual harassment was not defined, and or, otherwise included or even mentioned in Federal Labor Law until 2012 which is Mexico’s only statutory body in relation to labor and employment matters. After 2012 there is a distinction to be made:

  1. Harassment in the workplace includes verbal, physical or any of the before mentioned conducts perpetrated by someone in a hierarchical higher position.

  2. Sexual Harassment includes an abusive exercise of power which puts the victim in a state of risk regardless of position or hierarchical status.

    In employee relations and labor stability in the workplace, every single employee is bound by mutual respect and acceptable social conduct in accordance with the Mexican Constitution and social...

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