The protection of fundamental rights: A study of women’s moral harassment claims in four Chilean labour courts

Abstract

This article reviews the link between discrimination and discriminatory moral harassment in the context of hostile work environments anchored in gender discrimination without a necessarily “sexual” content. It analyzes moral harassment cases filed by women in 2019 in labor courts in Antofagasta, Temuco, Santiago and San Miguel. Most cases were settled and only a fraction of claims were upheld by lower courts. The lawsuits show an iter between sexual harassment and discriminatory moral harassment. They also identify factors associated with discrimination on grounds of maternity or the mere fact of being a woman. These cases expose intersectional discrimination where various forms of discrimination and subordination grounded on race, ethnicity, sexual orientation and migratory status are entangled and exacerbated in male-dominated workplaces. The judiciary should be attentive in order to identify elements indicative of discrimination in moral harassment because of the greatest disvalue, establishing compensation and reparations accordingly.