Sexual Harassment at Work in Colombia: How to Report It and What Rights You Have
## Workplace sexual harassment in Colombia
Sexual harassment at work is regulated by Law 1010 of 2006 (the Workplace Harassment Law) and the Criminal Code (article 210A, added by Law 1257 of 2008).
It isn't limited to physical conduct: unwanted sexual comments, messages, gestures, or propositions also count as sexual harassment.
Who can be a harasser?
The harasser can be: - A boss or someone in a higher position - A coworker at the same level - A subordinate (downward or upward harassment) - A client or supplier (if the company fails to take action)
Consequences for the harasser
Under labor law: Sexual harassment is grounds for terminating the harasser with just cause (article 7 of the Substantive Labor Code). If the harasser is the employer, the employee can terminate the contract and demand severance pay.
Under criminal law: Article 210A of the Criminal Code punishes sexual harassment with 1 to 3 years in prison, which can increase if there are aggravating factors.
Under administrative law: The Ministry of Labor can fine companies that fail to adopt preventive measures.
Steps to file a report
1. Document the conduct Keep everything: text messages, WhatsApp messages, emails, witnesses. Documentation is key.
2. Workplace Conciliation Committee Every company with more than 10 employees must have a Workplace Conciliation Committee. It's the first place to file the formal complaint.
3. Labor Inspector If the company doesn't act, file the complaint with your city's Labor Inspection office.
4. Attorney General's Office (Fiscalía) For the criminal action. You can file a report at any URI (Immediate Response Unit).
Protection against retaliation
The law expressly prohibits retaliation against anyone who reports harassment. If you're dismissed after filing a complaint, the dismissal is presumed to be retaliatory, and you're entitled to reinstatement or special compensation.
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