Colombia
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 prohibits workplace bullying.
Applicable Laws
The Colombian Political Constitution recognises the right of equal treatment and the prohibition of discrimination on basis of certain protected characteristics.
The primary national law prohibiting employment discrimination and harassment on the basis of any protected characteristic is Law 1010 of 2006.
Law 1010 of 2006 also prohibits bullying, mobbing and harassment not related to a protected characteristic.
Under the Criminal Code, sexual harassment is considered a crime.
Protected Characteristics
Harassment or discrimination based on any characteristic set forth below is prohibited in Colombia.
- Race
- Gender
- Nationality
- Family origin
- Sexual preference or orientation
- Religious beliefs
- Political viewpoints
Regional, state or other political subdivision laws may provide additional, separate standards and remedies for certain prohibited conduct.
Definitions
Harassment
Harassment is any persistent conduct directed at an employee which has the purpose or effect of:
- instilling fear, intimidation, terror or anxiety,
- harming the employee’s work, or
- causing the employee’s resignation.
Sexual Harassment
Under Colombian law, sexual harassment is not defined separately from workplace harassment.
Filing a Claim in Colombia
A claim for employment discrimination or harassment may be filed in court.
Potential Remedies
In Colombia, 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.