Uruguay
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 Law 18.651.
Protected Characteristics
Harassment or discrimination based on any characteristic set forth below is prohibited in Uruguay.
- Race
- Skin colour
- Gender
- Religion
- National or ethnic origin
- Disability
- Aesthetic appearance
- Sexual orientation and identity
- Union participation or activity
Regional, state or other political subdivision laws may provide additional, separate standards and remedies for certain prohibited conduct.
Definitions
Sexual Harassment
Law No. 18.561 defines sexual harassment as any unwelcome behavior of a sexual nature, whether verbal or physical, that affects the dignity of the person and negatively impacts their work environment. This includes unwanted sexual advances, requests for sexual favors, and other forms of harassment.
Depending on its severity, sexual harassment may constitute a criminal offense.
Filing a Claim in Uruguay
A claim for employment discrimination or harassment may be filed with the Ministry of Labor and Social Security.
Employment discrimination and harassment claims may also be filed in court.
Potential Remedies
In Uruguay, 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.