Precautionary measures in harassment protocols

When a harassment complaint is made, many companies' initial reaction is to "move" the reporting person to a different location to avoid contact with the alleged harasser. However, this measure, even if taken with protective intentions, can violate fundamental rights if it harms the victim.

It is true that your company can implement precautionary measures to address a potential harassment situation, but these measures should be aimed at protecting the reporting person without causing harm. Considering this:

• The work position, duties, or status of the alleged victim should not be altered, unless requested by the victim herself.
• Preferably, the measures should be directed towards the alleged aggressor. For instance, through a change in workspace or shifts to avoid contact with the victim, or by limiting interactions. Physical separation, as long as it does not lead to isolation or degradation of individuals, is acceptable.

If, upon completion of the harassment protocol, the harassment situation has been proven, the company must take disciplinary and decisive action against the aggressor. According to the Workers' Statute, harassment –towards the employer or employees in the company– based on racial or ethnic origin, religion or beliefs, disability, age, or sexual orientation, as well as sexual harassment or harassment based on gender, are grounds for disciplinary dismissal.

Our professionals will provide you with information regarding any questions you may have about the harassment protocol.