MEXICO Law and Practice Contributed by: José Luis Diaz Badial, Jose Luis Diaz Castañeda and Mario Ivan Peña Padilla, Martinez y de Labra Abogados
8.2 Sexual Harassment and/or Violence Under the LFT, harassment is defined as the abuse of power in a relationship of actual subordination of the victim to the aggressor in the workplace, expressed through verbal, physical, or both types of conduct. Sexual harassment is defined as a form of violence in which, although there is no subordination, there is an abuse of power that leads to a state of defenceless - ness and risk for the victim, regardless of whether it occurs in one or multiple incidents. In both cases, Mexico has specific legislation and pro - tocols to protect individuals who have experienced sexual harassment or violence in the workplace, including internal HR investigations. Mexican legislation and various protocols aim to guarantee a safe environment and prevent retaliation against complainants. Complainants can also file criminal charges against the harasser with the relevant authorities (separate from labour authorities), who are obliged to take the necessary protective measures and launch investiga - tions to establish whether a crime has been commit - ted. 8.3 Other Forms of Discrimination and/ or Harassment Including Bullying and/or Mobbing Mexican legislation, including the LFT, prohibits dis - crimination and harassment in the workplace. There are also specific protections for individuals who report cases of discrimination, whether in the workplace or at school. The focus here is on workplace harassment and the protections designed to safeguard the rights of those who report it and prevent retaliation. These protections are enshrined in various federal and state laws and protocols, as well as in international provisions adopted by Mexico. For instance, the LFT establishes regulations to prevent and punish work - place harassment, which may also relate to the Penal Codes at federal and state levels.
8.4 Criminal Cases In Mexico, when dealing with criminal allegations during an internal HR investigation, employers must consider various legal obligations and important fac - tors, such as the company’s potential criminal liability, protection for whistle-blowers, and co-operation with the authorities. Labour-related matters and criminal matters are handled separately, without one depend - ing on the other; however, the resolution of one can influence the other. 8.5 Multi-Jurisdictional HR Internal Investigations In Mexico, foreign employers do no conduct internal HR investigations; instead, this must be done by the HR department of the company established in the country, even if it has offices or a department abroad, since the internal investigation of the Mexican com - pany should be prioritised.
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