Peru
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 a protected characteristic are:
- Law 26772 (discrimination in hiring),
- Law 27270 (discrimination in the workplace generally)
- Law 29973 (disability discrimination)
- Laws 28983 and 30709 (gender discrimination)
- Law 27942 (prevention of sexual harassment)
Protected Characteristics
Harassment or discrimination based on any characteristic set forth below is prohibited in Peru.
- Race
- Sex
- Gender
- Religion
- Opinion
- Social origin
- Economic condition
- Marital status
- Age
- Any other arbitrary distinction
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 a form of violence involving behavior, repeated or otherwise, of a sexual or sexist nature or connotation that is unwanted and that creates an intimidating, hostile, or humiliating environment, or affects labor, teaching, training, or any other kind or activity or situation.
Filing a Claim in Peru
A claim for employment discrimination or harassment may be filed with the Labour Authority.
Employment discrimination and harassment claims may also be filed in court.
Potential Remedies
In Peru, 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.
- 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.