Costa Rica
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 primary national laws prohibiting employment discrimination and harassment on the basis of any protected characteristic are:
- Law No. 2694 of 22 November 1960 (Law on the Prohibition of Labour Discrimination)
- The Labour Code, and
- Law No. 7476 of 3 February 1995 (Law Against Sexual Harassment in Employment and in Teaching).
Protected Characteristics
Harassment or discrimination based on any characteristic set forth below is prohibited in Costa Rica.
- Race
- Colour
- Sex
- Age
- Religion
- Marital status
- Opinion and politics
- National ancestry
- Social origin
- Filiation (family background)
- Economic situation
- Ethnicity
- Sexual orientation
- Disability
- Union membership
- Any other analogous personal characteristic
Regional, state or other political subdivision laws may provide additional, separate standards and remedies for certain prohibited conduct.
Definitions
Sexual Harassment
The Law Against Sexual Harassment in Employment and Teaching defines sexual harassment as any unwanted conduct of a sexual nature, whether repeated or not, that causes detrimental effects on:
- the material conditions of a person’s employment
- a person’s work performance, or
- a person’s general well-being.
Sexual harassment may manifest itself through the following behaviors:
- Requests for sexual favors that imply:
- An implicit or express promise of preferential treatment in current or future employment
- Threats, whether implicit or express, of harm or punishment related to current or future employment
- That submission to or rejection of a request is, implicitly or explicitly, a condition of employment
- Use of words of a sexual nature, whether written or spoken, that are hostile, humiliating or offensive to the recipient
- Physical advances or other physical conduct of a sexual nature that is offensive to the recipient
Filing a Claim in Costa Rica
Employment discrimination or harassment may be reported to the National Inspection Directorate of the Ministry of Labour.
Employment discrimination and harassment claims may also be filed in court.
Potential Remedies
In Costa Rica, 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.