Cuba
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 laws prohibiting employment discrimination and harassment on the basis of any protected characteristic are the Constitution and the Labor Code.
The Penal Code prohibits sexual harassment, including in the workplace.
Protected Characteristics
Harassment or discrimination based on any characteristic set forth below is prohibited.
- Race
- Gender
- Sexual orientation
- Gender identity
- Disability
Regional, state or other political subdivision laws may provide additional, separate standards and remedies for certain prohibited conduct.
Definitions
Sexual harassment is defined as:
Any unwelcome, repeated, and sexualized behavior that humiliates, coerces, or creates a hostile environment for a worker.
Filing a Claim
A claim for employment discrimination or harassment may be filed with the Workers’ Central Union of Cuba or the Ministry of Labor and Social Security.
Potential Remedies
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.