1. Please describe whether there is any legal regulation (laws or collective bargaining agreements) or other measures in this jurisdiction which prohibit sexual harassment in the workplace, and since when has the prohibition been in force?
  2.  Are employers in this jurisdiction required to take pro-active action to prevent sexual harassment in the workplace? 
  3. Did the #MeToo movement have a noticeable impact on the number of harassment claims against your employer clients when it first began in October 2017 and has the position changed since then? 
  4.  What legal remedies are in place to resolve or compensate for workplace sexual harassment in this jurisdiction? 
  5.  On a traffic light red/amber/green scale, how high a priority is tackling sexual harassment for clients in this jurisdiction? 
  6. Any other relevant information on workplace harassment? 
  7.  Are you aware of any sectors which have been particularly affected by, or concerned with, harassment? For example, where reports of complaints are high, or the media have exposed an issue, or regulators are taking action?

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Colombia
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In 2024, Law 2365 was enacted on 20 June, establishing measures for the prevention and addressing of sexual harassment in the workplace and in higher education institutions in Colombia. The law also provides protection for victims of sexual harassment, safeguarding their fundamental rights, including equality, non-discrimination, and a life free from violence. 

Despite the fact that certain behaviours which could be defined as sexual harassment had previously been established as felonies under the Penal Code, and there was already regulation regarding harassment in the workplace, no specific laws addressing this matter existed until this year. 

2. Are employers in this jurisdiction required to take pro-active action to prevent sexual harassment in the workplace? 

Indeed, Law 2365 of 2024 established a series of obligations for employers regarding the guarantee of fundamental rights, namely equality, non-discrimination, and a life free from violence. This was achieved through the adoption of measures aimed at preventing and addressing sexual harassment in the workplace and protecting victims from such conduct.

Chapter II of the aforementioned legislation outlines a series of measures aimed at preventing and addressing sexual harassment, as well as protecting victims and obligating employers to address sexual harassment in the workplace. These measures include the creation of a policy for the prevention of sexual harassment in the workplace, which will become a requisite component of the employer's handbook, employment contracts, and internal procedures. Additionally, the policy must delineate the procedures for identifying and addressing instances of sexual harassment. 

3. Did the #MeToo movement have a noticeable impact on the number of harassment claims against your employer clients when it first began in October 2017 and has the position changed since then? 

That's correct, the number of consultations, advice requests, and accompaniment requests related to due processes aimed at mitigating risks and preventing sexual harassment has increased significantly in 2023 and 2024. 

Furthermore, we have observed an increase in reports of harassment. We believe this is a result of the policies and information provided to employees as part of the zero-tolerance campaigns against sexual harassment in the workplace. These efforts encourage victims to report cases of sexual harassment without hesitation. 

Criminal notices must be issued to the relevant authorities, and assistance should be provided to victims of sexual harassment by local, regional, and national authorities. This includes information on how to report incidents through different channels, such as the Purple Line established by the Bogotá Mayor's Office. 

In fact, Article 11 of this law states that immediate protection must be provided to victims to avoid any possible harm. It also states that the alleged victim's complaint must be sent to the relevant authorities, and their right to privacy and confidentiality must be guaranteed. 

5. On a traffic light red/amber/green scale, how high a priority is tackling sexual harassment for clients in this jurisdiction? 

Red, as it is a very important matter to address, especially for businesses striving to align with the Sustainable Development Goals (SDGs) set forth by the United Nations (UN). One of the SDGs is related to gender equality (Goal No. 5) and the elimination of all forms of violence against women, including sexual harassment. 

Furthermore, due to the efforts of numerous organisations led or composed of women, there has been a significant increase in the visibility and awareness of sexual harassment, particularly among victims who are now more inclined to speak up and take action, even in the face of retaliation. However, there is still a long way to go in eliminating sexual harassment from the workplace.

6. Any other relevant information on workplace harassment? 

In 2006, Law 1010 was enacted to establish measures and mechanisms to address and prevent harassment in the workplace. 

The legislation defines the types of behaviour considered harassment in the workplace and outlines the circumstances in which the severity of such behaviour may be increased or reduced. These circumstances include the position of the harasser within the company, among others.

Furthermore, it mandates the formation of a bipartite body within companies to address complaints regarding alleged harassment in the workplace. While this body cannot determine whether an incident constitutes harassment (as this is the purview of a labour judge), it can establish commitments between the involved employees and define actions to mitigate or eliminate the alleged harassment.

7. Are you aware of any sectors which have been particularly affected by, or concerned with, harassment? For example, where reports of complaints are high, or the media have exposed an issue, or regulators are taking action?

Yes, educational institutions, including high schools and universities, have been affected by the current climate of sexual harassment. The media has played a significant role in this, with ongoing criminal procedures against alleged harassers receiving considerable coverage.

The public sector has also been impacted by complaints of sexual harassment against directors and other senior figures in public entities, with these cases also making headlines.
These situations in both educational institutions and public entities prompted the Colombian Congress to legislate on sexual harassment, as there was no specific regulation addressing this issue.