By Kimberly Esquivel
Sexual harassment is a problem that can compromise not only the integrity of the people involved, but also the stability and reputation of their company. In Costa Rica, Law No. 7476 against Sexual Harassment in Employment and Teaching establishes that all organizations, both public and private, are required to implement clear measures to prevent and address these types of situations.
Complying with this law not only prevents legal penalties, but also promotes a safe working environment, strengthens trust in your company and reinforces your image as a responsible employer. Below, we explain how to comply with the legal provisions and correctly handle a sexual harassment complaint in your organization.
The role of the committee or internal body in your company
According to Law No. 7476, your company must have an internal committee or body in charge of receiving and handling complaints of sexual harassment. This body must be composed of impartial and trained people, with the necessary training to guarantee confidentiality and the proper handling of cases.
The committee has a key role: to investigate complaints, analyse evidence and determine the appropriate sanctions when a case of harassment is confirmed. In addition, it must ensure that the company's internal policies are followed and that all employees are informed about the procedure for filing complaints. If your company does not yet have such a committee, it is essential to set one up as soon as possible to be in line with regulations.
The role of the MTSS in the supervision of your company
The Ministry of Labor and Social Security (MTSS) is the entity responsible for ensuring compliance with Law No. 7476. Your company must be prepared to demonstrate that it complies with the legal provisions, including the existence of clear policies, an adequate internal procedure and a duly formed committee.
The MTSS can intervene in the following cases:
Monitoring legal compliance: The ministry has the power to audit your company to verify that it has an effective protocol for the prevention and response to sexual harassment.
Handling poorly handled complaints: If a collaborator believes that his or her complaint was not handled correctly, he or she can turn to the MTSS to seek an external review.
Penalties for non-compliance: If your company is found to have failed to comply with the law, the MTSS may impose administrative and financial penalties.
What to do if a complaint is filed in your company?
If an employee files a complaint of sexual harassment, it is important to act quickly.
The following procedure is in line with what is required by the regulations:
Receiving the complaint: The committee or internal body must receive the complaint confidentially and ensure that it is documented in writing. It is essential that the person making the complaint receives respectful treatment and feels confident in the process.
Beginning the investigation: The committee must investigate the facts objectively and impartially. This includes collecting evidence, interviewing the parties involved, and analyzing the situation based on your company's internal regulations and Law No. 7476.
Precautionary measures: During the investigation, it is important that the company implements preventive measures to protect the person who reported the incident, such as temporarily separating the person or adjusting schedules to avoid contact between the two parties.
Resolution of the case: Once the investigation is completed, the committee must issue a reasoned decision. If it is determined that sexual harassment occurred, the company must apply proportional sanctions, which may include warnings, suspensions or even dismissal without employer liability.
Documentation and tracking: The entire process must be properly documented to ensure transparency and protect your company from potential legal disputes.
Consequences of not acting appropriately
Handling a complaint incorrectly can have serious consequences for your business. These include:
Legal sanctions: The MTSS may impose fines and administrative sanctions on companies that do not comply with Law No. 7476.
Labor claims: Affected employees have the right to resort to the courts to demand compensation, which could generate economic costs and affect the image of the organization.
Impact on morale and productivity: A work environment where these cases are not resolved appropriately can affect the confidence and performance of the work team, increasing staff turnover.
Better safe than sorry
The best way to avoid conflicts related to sexual harassment is to prevent them. This includes:
Define clear policies: Make sure all employees know and understand the rules regarding workplace behavior.
Train staff: Conduct regular training so that the entire team, including leaders, can identify and prevent inappropriate behavior.
Establish accessible reporting channels : Enable a clear and confidential mechanism so that employees can report cases of harassment without fear of retaliation.
In other words, don't pull the calf's tail!
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