Sexual harassment: the new form of illegality in Chilean labour law

Abstract

This paper presents a critical examination of sexual harassment, a new form of illegality introduced in the Chilean legal system by Law Nº 20.005 /2005. The aim of the article is to determine if the protection offered by this new legislation is adequate and sufficient to prevent, punish and repair the harmful effects produced by sexual harassment in the workplace. The author tries to conceptualize the reality of sexual harassment. When confronting the concept with the legal definition of the phenomenon, the author finds that the legal definition is under inclusive, because it does not cover significant number of conducts involving harassment. The paper examines the variety of protection mechanisms, including the new judicial procedure of protection of fundamental rights. The author concludes that, although the new legislation represents an improvement on the subject, it could be difficult to enforce due to the imperfections of its legal technique.