HARASSMENT AND BULLYING IN THE WORKPLACE

Harassment and sexual harassment are expressions of gender-based violence manifested in behaviors of a non-reciprocal sexual nature that threaten the physical, psychological and economic integrity of individuals, which implies a transgression of human rights by denying the principle of equal treatment.

What is the difference between sexual harassment and harassment?

Sexual harassmentAccording to Article 13 of the General Law on Women's Access to a Life Free of Violence, in the exercise of power is a relationship of real subordination of the victim to the aggressor. It is expressed in verbal and physical conduct, of lewd connotation and related to sexuality.

Sexual harassment, is a form of violence in which there is no subordination, but there is an abusive exercise of power that leads to a state of defenselessness and risk for the victim, regardless of whether it takes place in one or several events.

In our criminal legislation, sexual harassment is classified as a crime and considers as a sexual harasser anyone who repeatedly harasses women or men of any age for lewd purposes, taking advantage of a superior hierarchical position derived from work, teaching, family or any other type of relationship that implies subordination.

In both cases, these are verbal or physical behaviors and practices with unsolicited or unwanted sexual implications that make people uncomfortable, humiliate, insult and degrade them. They may be repetitive actions or occur only once and take place anywhere, disguised as affection or attraction, but they are demonstrations of power that intimidate or threaten and cause increasing distress in the victim, resulting in health problems and negative effects on their performance.

There are three types of manifestations, being the following:

Verbal manifestations

• Unwanted compliments or comments about the body or physical appearance.
• Teasing, jokes or offensive jokes of a sexual nature.
• Sexual advances and propositions.
• Insistent invitations to go out
• Uncomfortable questions about sex or love life.
• Insults or threats in the face of resistance from the person being harassed or bullied.

Non-verbal manifestations

• Lurid, insistent, suggestive or insulting looks at the person or different parts of the body.
• Whistles, sounds and gestures
• Offensive and demeaning pictures or drawings on posters, calendars, computer screens or written on restrooms.
• Messages with sexual content sent by electronic means.

Physical manifestations

• Body rubs
• Hugs or caresses
• Kisses
• Squeezes
• Groping
• Pinching
• Approach or contact

Consequences for victims of harassment and sexual harassment

Physically and mentally:

• Anxiety and fear
• Difficulty concentrating
• Insomnia
• Other sleep disorders
• Nervous tension
• Irritability
• Loss of self-confidence and self-esteem
• Lack of appetite or binge eating
• Skin disorders (neurodermatitis)
• Tension headache, migraine headache
• Depression

Job performance:

• Stress
• Isolation
• Loss of prestige
• Decrease in labor productivity
• Stigmatization
• Pursuit
• Absence from work
• Loss of opportunities and rights
• Loss of employment

Who can be victims of sexual harassment and sexual harassment?

According to statistics, it is more common for women to face sexual harassment and bullying; however, it also occurs with men, i.e., these are people who are judged by their perpetrators to have little power to oppose this type of aggression.

What can we do in case of being a victim of sexual harassment?

• Use the established internal procedure to file a complaint or report what is happening to the institution and its union.
• Report the facts to the Human Rights Commission, to the Prosecutor's Office, or to any support instance against violence against women, in the case of a victim.
• Preferably go in the company of a person you trust.
• Do not abandon your work
• Don't give up
• Gather documents that endorse your work performance
• Prepare a written report of the incidents with the date, time and manner in which the harassment or sexual harassment occurred, if possible, citing the exact words used by the aggressor.
• Seek psychological support if you feel fear, anguish, guilt or other feelings.
• Keep in mind that sexual harassment is a crime (criminal matter), an administrative offense (administrative matter) and an inappropriate conduct at work (labor matter), so these three areas of action can be used to establish the critical path of prevention, attention and sanction.

Harassment and sexual harassment in the workplace.

Harassment and sexual harassment limit people's right to work in a healthy, dignified and safe environment; it cuts opportunities for professional development, undermines their confidence and generates a permanent state of emotional tension, thus greatly reducing their performance and increasing the risk of accidents at work.

Employment discrimination

It is one that nullifies the recognition, enjoyment or exercise of labor rights, considering the biological, social, cultural and gender differences of individuals.

Do you know what harassment is?

It is the exercise of power in a relationship of real subordination of the victim to the aggressor in the workplace. It is expressed in verbal or physical conduct, or both.

Do you know what workplace harassment is?

These are acts or behaviors, in the work environment or in connection therewith, regardless of the hierarchical relationship of the persons involved, that threaten the self-esteem, health, integrity, freedom or safety of persons.

Did you know that the federal labor law establishes prohibitions for workers and employers?

• Workers are prohibited from: Sexually harassing any person or performing immoral acts in the workplace.".
• Employers or any person exercising management or administrative functions in the workplace are prohibited from: Engaging in acts of harassment and/or sexual harassment against any person in the workplace.

Remember that as a means of proof you can present:

• Documents
• Photos
• Video recordings
• Voice recordings
• Any other that is generated, consulted, processed, or modified by electronic means and sent through a data message.
• Witnesses

That is to say, it is not enough to just say it, you also have to prove it, since unfortunately there are people who use these concepts to damage the reputation, work, when those of such practices, when many times it is not true.

References:

Procuraduría Federal en la defensa del trabajador. Revised June 16, 2025. https://www.gob.mx/profedet/articulos/lo-que-debes-saber-en-materia-de-discriminacion-y-violencia-laboral?idiom=es#:~:text=%C2%BFSABES%20QUE%20ES%20ACOSO%20LABORAL,o%20seguridad%20de%20las%20personas.

Federal Labor Law. Revised June 17, 2025. https://www.diputados.gob.mx/LeyesBiblio/pdf/LFT.pdf

Government of the State of Mexico. Revised June 17, 2025. https://salud.edomex.gob.mx/isem/docs/comite_etica/capacitacion/hostigamiento_acoso_sexual.pdf

International Labor Organization (ILO). Convention C concerning Discrimination in Respect of Employment and Occupation, in force in Mexico since 1961. Revised June 17, 2025.  https://normlex.ilo.org/dyn/nrmlx_es/f?p=NORMLEXPUB:12100:0::NO::P12100_Ilo_Code:C111

ILO Declaration on Fundamental Principles and Rights at Work and its Follow-up. Revised 17 June 2025. https://www.ilo.org/es/acerca-de-la-oit/mision-e-impacto-de-la-oit/declaracion-de-la-oit-relativa-los-principios-y-derechos-fundamentales-en