Colombia: New Law to Prevent Sexual Harassment

On June 20th, the President of Colombia enacted Law 2365 of 2024. This law introduces measures to prevent, address, and protect people against sexual harassment in the workplace and Colombia’s higher education institutions.

This new law defines sexual harassment as any act of pursuit, harassment, or behaviour with a sexual, lewd, or lascivious intent. In the workplace, sexual harassment may arise in hierarchical or peer relationships, influenced by factors like age, gender, sexual orientation or identity, and social or economic status. A single instance of such behaviour, whether it occurs in the workplace or outside of it, can be considered workplace harassment.

 

Key differences between the new anti-sexual harassment law and the previous Workplace Harassment Law 1010

• Unlike workplace harassment, sexual harassment does not need to be persistent or repeatedly demonstrable. A single occurrence is enough.
• This new law applies to workers, contractors, agents, interns, and trainees.
• The new law requires employers not only to prevent sexual harassment but also to investigate and sanction it.

 

Main obligations of employers regarding sexual harassment

• Develop and communicate a written internal policy that aligns with internal work regulations, employment contracts, and reporting procedures.
• Protection against victimization or retaliation for complainants, victims, witnesses, and whistleblowers.
• Inform victims that they have the option to seek recourse through the criminal justice system.
• Develop a clear policy to prevent the re-victimization of complainants.
• If the complaint involves a chief or superior position in the company, the employer must forward it to the Ministry of Labour.
• Handle these complaints directly rather than through the labour co-existence committee, intended for workplace harassment cases.

Once the Government, through the Ministry of Labour, issues regulations on this matter, we will provide an update.

For additional information on any matter related to labour issues in Colombia, please contact Angélica María Carrión Barrero (Partner) of López & Asociados at angelica.carrion@lopezasociados.net or visit www.lopezasociados.net