Workplace harassment is a growing issue that affects thousands of employees in Mexico. With the 2025 labor reforms, victims now have reinforced mechanisms to protect their labor rights and claim the compensation for harassment they rightfully deserve.
Definition of Workplace Harassment
According to the Federal Labor Law, workplace harassment is defined as any repeated behavior of harassment or intimidation that affects the dignity or physical, psychological, or emotional integrity of a person in their professional environment. These actions can be direct or indirect and often manifest through insults, exclusion, work overload, or threats of dismissal.
Differences Between Workplace Harassment and Sexual Harassment
Workplace harassment focuses on non-sexual forms of intimidation or mistreatment, while sexual harassment involves verbal or physical acts with sexual intent. Both are punishable by law, but the legal consequences differ depending on the context and severity.
Workplace Harassment Lawsuit Process 2025
According to the Ministry of Labor and Social Welfare (STPS), a labor claim for harassment requires supporting documentation and several procedural stages.
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Stages of the process:
- Initial documentation
- Pre-conciliation (held before the Federal Center for Labor Conciliation and Registration)
- Formal claim
- Hearings and evidence presentation
- Resolution and enforcement of measures
Required Documentation
The following elements strengthen a workplace harassment claim:
- Emails and text messages
- Legally obtained recordings
- Witness testimonies
- Certified psychological evaluations
- Medical or workplace reports
New Labor Rights 2025
The recent 2025 labor reforms provide victims with greater security:
- Expanded compensation for economic and moral damages
- Guaranteed reinstatement at the workplace
- Immediate precautionary measures
- Whistleblower protection against dismissal or retaliation
Types of Workplace Harassment
The Federal Labor Law recognizes the following types of harassment:
- Vertical mobbing: from superior to subordinate
- Horizontal harassment: between colleagues of equal rank
- Systematic harassment: persistent and intentional acts
- Workplace discrimination: based on gender, age, or personal condition
Compensation for Workplace Harassment
Compensation for harassment includes:
- Constitutional indemnification
- Payment of lost wages
- Moral and psychological damages
- Psychological treatment covered by the employer
Legal Consequences for the Accused
An individual proven guilty of workplace harassment may face:
- Administrative sanctions
- Termination of the employment relationship without liability for the victim
- Civil liability for moral damages
- Possible criminal charges under the Federal Penal Code
Legal Deadlines
- Submission of the claim: 60 days
- Statute of limitations: 1 year from the last incident
- Average process duration: 3 to 6 months
- Appeal: within 15 days after the decision
Workplace Harassment Prevention Guide
Companies can prevent harassment by implementing:
- Clear internal protocols
- Awareness and training programs
- Confidential reporting channels
- Whistleblower protection policies
Psychological Impact of Workplace Harassment
Victims often experience chronic stress, anxiety, and depression. Psychological evaluation is essential both as legal evidence and as a recovery tool for the victim.
Additional Resources
- Ministry of Labor and Social Welfare
- National Human Rights Commission
- National Institute for Women
- Labor psychological support hotlines