Bolivia
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.
Applicable Laws
The primary national law prohibiting employment discrimination and harassment on the basis of any protected characteristic is:
- The Anti-Racism and All Forms of Discrimination Law (Law 045).
The Law to Guarantee Women a Life Free of Violence (Law 348) addresses various forms of violence against women, including those with sexual connotations. Additionally, Bolivia’s Penal Code includes provisions related to sexual violence and abuse, which may be applicable to workplace sexual harassment.
Protected Characteristics
Harassment or discrimination based on any characteristic set forth below is prohibited in Bolivia.
- Sex
- Colour
- Age
- Sexual orientation and gender identity
- Origin
- Culture
- Nationality
- Citizenship
- Language
- Religious belief
- Ideology
- Political or philosophical affiliation
- Marital status
- Economic, social or health condition
- Profession, occupation or trade
- Level of education
- Different abilities and/or physical disability, intellectual or sensory status
- Pregnancy
- Origin
- Physical appearance, clothing, or surname or
- Any other characteristic that have the purpose or result of nullifying or impairing the recognition, enjoyment
Regional, state or other political subdivision laws may provide additional, separate standards and remedies for certain prohibited conduct.
Definitions
Bolivian law does not specifically define workplace harassment or workplace sexual harassment.
Workplace harassment and workplace sexual harassment are forms of discrimination. Discrimination is defined as any form of distinction, exclusion, restriction or preference based on a protected characteristic that has the purpose or result of nullifying or impairing the recognition, enjoyment or exercise, under conditions of equality, of human rights and fundamental freedoms recognized by the Political Constitution of the State and international law.
Filing a Claim in Bolivia
A claim for employment discrimination or harassment may be filed with the Ministry of Labor, Employment, and Social Security.
Employment discrimination and harassment claims may also be filed in court.
Potential Remedies
In Bolivia, 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.