Companies have until March to implement measures to combat sexual harassment at work

As of March 21, 2023, companies with an Internal Commission for the Prevention of Accidents and Harassment (CIPA) must implement measures to combat sexual harassment at work. This obligation comes from Law N° 14.457/2022, published on September 22, 2022 in the Union’s Official Gazette, that has created the “Emprega + Mulher” (Hire + Women) Program and modified the Consolidation of Labor Laws .

The Program aims at the insertion and maintenance of women in the labor market through the implementation of measures to (i) support parenting, including through the flexibility of the work regime (ii) stimulate professional qualification of women, (iii) support the return to work after maternity leave, (iv) recognize good practices in promoting women’s employability, through the creation of the “Selo Emprega + Mulher” (Hire + Women Seal); (v) prevent and combat sexual harassment and other forms of violence in the workplace and (vi) encourage microcredit for women.

In order to promote a healthy and safe work environment that favors the insertion and maintenance of women in the labor market, the law established a 180 days period for companies that have CIPA (those who have more than 20 employees) to adopt the following measures of prevention and combat to sexual harassment and other forms of violence in the workplace:

(i) incorporate in the company’s internal norms, regulation against sexual harassment and other forms of violence, divulging its content to employees;
(ii) establish procedures for receiving and following up complaints, for investigating the facts, and, when applicable, for applying sanctions to those, directly and indirectly, responsible for acts of sexual harassment and violence, guaranteeing the anonymity of the whistleblower;
(iii) add to CIPA’s activities and practices topics related to preventing and combating sexual harassment and other forms of violence; and
(iv) carry out, at least one time every 12 months, training, guidance, and awareness actions for employees at all hierarchical levels of the company on topics related to violence, harassment, equality, and diversity in the workplace, in accessible and effective fashion.

Therefore, companies with CIPA must pay attention to the legal term until March 21, 2023 to adapt to the legal requirements in order to avoid administrative fines in the event of an inspection by the Labor´s Ministry or even becoming the target of a public civil lawsuit by the Labor´s Public Prosecutor´s Office.

For more information, please contact Saud Advogados.