Chile
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 Chilean Constitution forbids any form of discrimination not based on capacity or personal adaptation.
The primary national law prohibiting employment discrimination and harassment on the basis of any protected characteristic is the Labour Code.
Employers have an obligation, under Law No. 21,643 or Karin’s Law, which amended the Labour Code, to take steps to prevent and stop workplace harassment, sexual harassment and workplace violence.
Protected Characteristics
Harassment or discrimination based on any characteristic set forth below is prohibited in Chile.
- Race
- Sex
- Colour
- Age
- Marital status
- Union membership
- Religion
- Political ideas
- Nationality
- Socioeconomic status
- Language
- Beliefs
- Participation in guild organizations
- Sexual orientation
- Gender
- Filiation
- Personal aspect
- Illness or incapacity
- Social origin
Regional, state or other political subdivision laws may provide additional, separate standards and remedies for certain prohibited conduct.
Definitions
Workplace Harassment
Workplace harassment is any conduct that constitutes aggression or harassment exercised by the employer or by one or more workers, against a worker or workers, by any means, whether the conduct occurs once or repeatedly, and which results in the impairment, mistreatment or humiliation of the affected person(s), or which threatens or harms their employment situation or opportunities.
Sexual Harassment
Sexual harassment occurs when a person makes inappropriate sexual requests, by any means, which are not consented to by the person receiving the requests, and which threaten or harm that person’s employment situation or opportunities.
Filing a Claim in Chile
A claim for employment discrimination or harassment may be filed with the Ministry of Labour and Social Security.
Employment discrimination and harassment claims may also be filed in court.
Potential Remedies
In Chile, 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.