Argentina
Overview
Please review the information below and then return to the workplace harassment prevention course.
Harassment and discrimination based on a protected characteristic are prohibited under national law. National law also provides employees protection from bullying.
Applicable Laws
The Constitution provides that all inhabitants of Argentina are equal before the law, and admissible to employment without any requirement other than their ability.
The primary national laws prohibiting employment discrimination and harassment on the basis of any protected characteristic are:
- The Law on Employment Contracts, Number 20744 of 1976 and
- The Law on Discriminatory Acts, Number 23592 of 1988.
The Law on the Comprehensive Protection of Women, Number 26485 of 2009, prohibits discrimination and harassment against women, including in employment.
Employers have an obligation, under the Law on Employment Contracts, to take measures necessary to protect employees’ psychological and physical safety. This obligation has been interpreted to require employers to prevent workplace harassment.
Protected Characteristics
Harassment or discrimination based on any characteristic set forth below is prohibited in Argentina.
- Sex (including pregnancy, sexual orientation and gender identity)
- Race
- Nationality
- Religion
- Political affiliation
- Union affiliation
- Age
- Physical characteristics
- Ideology
- Health
- Social or economic status
Regional, state or other political subdivision laws may provide additional, separate standards and remedies for certain prohibited conduct.
Definitions
Sexual Harassment
Argentina has adopted the International Labour Organization definition of sexual harassment as “a behaviour based on sex, of an unpleasant and offensive character for the person who suffers it.”
The Law on the Comprehensive Protection of Women defines sexual harassment as any action that violates the right of women to decide voluntarily about their sexual or reproductive life through threats, coercion, use of force or intimidation, as well as forced prostitution, exploitation, slavery, harassment, sexual abuse, and the trafficking of women.
Depending on its severity, sexual harassment may constitute a criminal offense.
Filing a Claim in Argentina
A claim for employment discrimination or harassment may be filed with the Ministry of Work, Employment and Social Security.
Employment discrimination and harassment claims may also be filed in court.
Potential Remedies
In Argentina, an employee who has experienced workplace discrimination or harassment may be entitled to monetary and other remedies. An employer may be required to take certain actions to correct or redress discriminatory harassment or violations of workplace safety standards. Potential remedies are listed below.
- Hiring
- Transfers
- Reassignments
- Promotions
- Reinstatement to a position
- Compensation for lost wages and benefits
- Damages for injury to dignity or feelings
- Cease and desist orders
Retaliation Prohibited
Employer retaliation against an employee who files a complaint relating to discrimination or harassment or is involved in the complaint process is unlawful.