Ecuador
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 prohibits discrimination on the basis of certain protected characteristics. The primary statutory laws prohibiting employment discrimination and harassment are:
- The Organic Law Reform of the Public Service and Labor Code
- The Regulations for the Eradication of Discrimination in the Workplace, and
- The Organic Law to Promote the Violet Economy
Protected Characteristics
Harassment or discrimination based on any characteristic set forth below is prohibited in Ecuador.
- Age
- Sex
- Ethnicity
- Gender identity
- Religion
- Judicial background
- Marital status
- Migratory status
- Sexual orientation
- Genetic characteristics
Regional, state or other political subdivision laws may provide additional, separate standards and remedies for certain prohibited conduct.
Definitions
Sexual Harassment
Sexual harassment is defined as occasional or repeated action whose purpose is to harm the sexual integrity of the employee. This type of harassment can occur during the working day or in or because of work activities.
Filing a Claim in Ecuador
A claim for employment discrimination or harassment may be filed with the Ministry of Labor.
Employment discrimination and harassment claims may also be filed with an employment tribunal or in court.
Potential Remedies
In Ecuador, 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.
The information contained on this page is for informational purposes only.
It does not, and is not intended to, constitute legal advice.