Regulation on Prevention and Sanction of Sexual Harassment

New Regulation or Official Guidance

Through the Supreme Decree N° 014-2019-MIMP, the Ministry of Women and Vulnerable Populations has regulated the Law of Prevention and Sanction of Sexual Harassment. This new regulation has two important points. First, it creates special procedures to be followed in cases when sexual harassment occurs, whether in the workplace or related to an employment or contractual relationship (the special procedures take into account whether the entity or institution is educational, private, public, etc.). Second, it establishes the obligation of every organization to form and implement a Committee of Intervention Against Sexual Harassment that will be in charge of investigating any and all cases of sexual harassment that may occur in the workplace or related to an employment or contractual relationship.

Guidelines for Granting Reasonable Adjustments

New Regulation or Official Guidance

In July 2019, the Ministry of Labor and Promotion of Employment issued Ministerial Resolution N°171-2019-TR, to regulate the way in which reasonable adjustments should be made for people with disabilities. The new rules established by the Resolution include: (1) The ability for a person with a disability to request reasonable adjustments during the hiring process and once the employment relationship has started; (2) the person with the disability is entitled to request the reasonable adjustments and the employer or future employer has the obligation to implement them; (3) an employer may be exempted from this obligation if it can establish that said adjustments would create a “disproportionate burden.”