Information contained in this publication is intended for informational purposes only and does not constitute legal advice or opinion, nor is it a substitute for the professional judgment of an attorney.
On September 6, 2012, the Mexican Federal Supreme Court promulgated internal rules that explicitly prohibit harassment in the workplace and establish guidelines for investigating and punishing such conduct. On another front, and in what represents a significant step towards reform in this area, on September 1, 2012, President Felipe Calderon proposed an amendment to Articles 47 and 51 of the Mexican Federal Labor Law (FLL) to include sexual harassment as new grounds for termination with cause. Although the Supreme Court rules are applicable to employees of that institution only, they are considered a guidepost to private sector employers on how to prevent and eliminate sexual harassment and bullying in the workplace and signal a shift in how the Legislature will likely reform the FLL to regulate these behaviors in the workplace in Mexico.
For more information on how the Mexican government's recent actions to combat workplace harassment may impact employers, continue reading Littler's ASAP, Mexico Develops Steps to Take Seriously Sexual Harassment in the Workplace (click here for Spanish version), by Javiera Medina Reza and Matthew Capelle.