Sexual harassment at work

A women resident of Mexico state that she was fired from her job demanded his reinstatement arguing to have been victim of sexual harassment and Workplace Harassment.

The company defendant denied the dismissal.

He Judge who knew of the matter condemned the company to the cessation of all types of harassment suffered by the worker to her detriment.

The worker Dissatisfied with the Judge’s resolution, he filed a request for direct protection against the resolution issued by him, accusing him of having failed to comply with the judge with a gender perspective.

The Third Collegiate Court on Labor Matters of the Second Circuit that heard the direct protection determined that: “the Judges, in compliance with their obligation to judge from a gender perspective in cases of sexual harassment in the workplace, must dictate reparatory measures of deterrent nature and thereby prevent these acts.”

The Court justified its decision in that: “In accordance with Article 1 of the Political Constitution of the United Mexican States, given the obligation of Judges to judge with a gender perspective, which imposes the general duty to study the matters submitted to their jurisdiction under that sieve, for which they must implement said method in any judicial controversy where acts of that nature are linked, even when the parties do not request it, in order to verify if there is a situation of violence or vulnerability that prevents imparting justice. in a complete and equal manner, and if they notice that these acts exist, they must dictate dissuasive measures of non-repetition, in order to avoid this type of actions in the future, ensuring a healthy work environment free of gender violence.”

The non-pecuniary reparation measures developed by the Inter-American Court of Human Rights constitute the most innovative aspect of its doctrine on reparations, which have been issued in the vast majority of cases that involve serious or systematic violations of human rights committed in the countries region of.

Giving rise to the relevant thesis in the field: SEXUAL HARASSMENT IN THE WORKPLACE. JUDGES, IN FULFILLMENT OF THEIR OBLIGATION TO JUDGE WITH A GENDER PERSPECTIVE, MUST IMPOSE REPARATORY MEASURES OF A DETERRENT NATURE TO PREVENT THOSE ACTS, published last Friday, April 5, 2024 in the Gazette of the Judicial Weekly of the Federation, with digital registration: 2028531.

As always, a pleasure to greet you, hoping that these few letters have been to your liking and, above all, useful. Until next time!

More from the same author:

Graduate in law from the Sinaloa Free School of Law, master in constitutional law and amparo and master in commercial and business law, with honorable mention, from the Universidad Panamericana, Guadalajara campus. He graduated with honorable mention from the postgraduate courses in civil and commercial procedural law, law of obligations and contracts and tax law taught by the Universidad Panamericana, Guadalajara campus and is a specialist in the areas of administrative, civil, family, commercial, agrarian, protection. , notarial and corporate. He is studying the AD2 Senior Business Management program at IPADE. He is director of the legal services company LMA, Integradora Legal, based in Culiacán and Mazatlán. Member of the Mexican Bar Association, AC, he was president of the steering committee and founder of the Sinaloa chapter, and currently a member of the national council of said association, he also belongs to the American Bar Association. He is a professor at the Sinaloa Free School of Law, and serves as an advisor to the advisory council of the State Human Rights Commission of the State of Sinaloa. He was secretary of agreements of the First Criminal Court of La Paz and external legal advisor and Interim Secretary of the City Council of the Municipality of Rosario.

see more