Workplace harassment laws in Mexico have evolved significantly in recent years. Employers operating in Mexico must navigate constitutional protections, federal labor laws, anti-discrimination regulations, and workplace safety standards designed to prevent harassment, discrimination, and workplace violence.
Understanding these requirements is essential for maintaining compliance, reducing legal risk, and creating a respectful workplace culture. This guide outlines the key workplace harassment laws in Mexico, employer responsibilities, and practical compliance considerations.
Mexico Workplace Harassment Compliance: Quick Reference
Following the federal decree enacted on January 15, 2026, training is no longer just a “best practice”—it is a legal mandate.
Who must take it: All employees, regardless of their rank or seniority.
Specific Content: The training must focus on the prevention and eradication of violence against women and gender discrimination.
It must include:
- Definitions of workplace violence and harassment.
- The company’s internal reporting procedures.
- Principles of “Substantive Equality” (meaning equality in practice, not just on paper).
Timing/Frequency: Training must be delivered periodically. While the law does not specify “every X months,” legal experts recommend annual or biennial refreshers to align with NOM-035 (which requires risk assessments every two years).
Documentation: Employers must keep structured records (attendance lists, certificates, and content outlines) to prove compliance during labor inspections.
| Requirement | What Employees Need to Do | What Employers Need to Do |
|---|---|---|
| Harassment Prevention Training | Participate in workplace harassment and anti-discrimination training. | Provide training, maintain records, and educate employees on reporting procedures. |
| Harassment Prevention Protocol | Read, acknowledge, and follow company reporting procedures. | Implement, communicate, and enforce a written protocol addressing workplace violence, discrimination, and harassment. |
| NOM-035 Compliance | Participate honestly in psychosocial risk assessments and workplace surveys. | Identify psychosocial risks, analyze workplace conditions, and implement corrective actions. |
| Reporting Misconduct | Report harassment, discrimination, bullying, or workplace violence through established channels. | Maintain confidential reporting mechanisms and investigate complaints promptly. |
| Anti-Retaliation Protections | Cooperate with investigations and report retaliation concerns. | Protect employees from retaliation and ensure complaints can be raised without fear of adverse action. |
| Anti-Discrimination Compliance | Treat coworkers with dignity and avoid discriminatory conduct. | Prevent discrimination based on protected characteristics and promote equal employment opportunities. |
| Recordkeeping & Documentation | Retain proof of completed training when applicable. | Maintain training records, investigation files, policy acknowledgements, and compliance documentation. |
Penalties for Non-Compliance
If a labor inspector visits and finds that training has not been provided or the protocol doesn’t exist, the fines are steep. As of 2026, administrative fines range from approximately $29,000 to $586,000 MXN per violation. Furthermore, if a worker is harassed and the company didn’t have these measures in place, the worker can terminate the employment relationship “with cause,” meaning the company must pay a full severance (3 months of salary plus 20 days per year worked).
Pro-Tip: If you are an employee, ensure you receive a copy of the Protocol and a Certificate of Training. If you are an employer, ensure your training specifically mentions “Violence Against Women” to meet the new 2026 legal standard.
What Is Workplace Harassment Under Mexican Law?
Mexican law recognizes multiple forms of workplace harassment and violence. Harassment may occur between managers and employees, among coworkers, or through discriminatory practices that create a hostile work environment.
Two primary categories include:
Sexual Harassment (Hostigamiento Sexual)
Sexual harassment involving a power imbalance or hierarchical relationship, such as a supervisor harassing a subordinate, is prohibited and may carry both employment and criminal consequences.
Workplace Harassment (Acoso Laboral or Mobbing)
Workplace harassment includes repeated hostile conduct, bullying, intimidation, humiliation, exclusion, or psychological abuse that interferes with an employee’s ability to work.
Key Mexican Laws Addressing Workplace Harassment
Mexican Constitution
Article 1 of the Mexican Constitution prohibits discrimination based on characteristics such as gender, age, disability, religion, sexual orientation, ethnicity, and other protected characteristics. The Constitution establishes human dignity and equality as fundamental rights.
Federal Labor Law (Ley Federal del Trabajo)
The Federal Labor Law establishes the right to dignified work and prohibits discrimination in the workplace. Employers are expected to maintain working environments that respect employee dignity and equality. Every company must have a written protocol to prevent gender discrimination and handle cases of violence and harassment.
NOM-035-STPS-2018
NOM-035 requires employers to identify, analyze, and prevent psychosocial risk factors, including workplace violence, bullying, and hostile work environments. If a company ignores reports of bullying or violence, they are in violation of this health and safety standard.
Protections Against Violence Toward Women
Additional laws provide protections against gender-based violence and require employers to respond appropriately when complaints arise. The General Law on Women’s Access to a Life Free of Violence explicitly requires workplaces to be safe spaces and establishes that employers can be held administratively liable if they are negligent in handling a complaint.
Employer Responsibilities Under Mexico Harassment Laws
Maintain a Written Harassment Prevention Protocol
Employers should establish clear procedures for reporting, investigating, and addressing workplace harassment and discrimination.
Investigate Complaints Promptly
Organizations should investigate reports impartially, document findings, and take corrective action when necessary.
Prevent Retaliation
Employees who report concerns should be protected from retaliation, intimidation, or adverse employment actions.
Address Workplace Violence and Psychosocial Risks
Employers should assess workplace conditions, identify potential risks, and implement measures to create a safe and respectful work environment.
Understanding NOM-035 and Workplace Culture
NOM-035 expands workplace compliance beyond traditional harassment prevention by requiring organizations to identify psychosocial risks that may negatively affect employee wellbeing.
Examples include:
- Workplace violence
- Bullying and intimidation
- Excessive workloads
- Poor leadership practices
- Hostile work environments
- Lack of role clarity
Organizations that proactively address these issues are often better positioned to reduce legal risk and improve employee engagement.
How Emtrain Helps Organizations Comply With Mexico Harassment Laws
Emtrain’s workplace harassment prevention training helps organizations educate employees, reinforce respectful workplace behaviors, and reduce compliance risk.
Our training solutions support organizations by helping them:
- Prevent harassment and discrimination
- Educate managers on reporting responsibilities
- Strengthen workplace culture
- Improve employee confidence in reporting systems
- Reinforce anti-retaliation expectations
By combining compliance education with practical workplace skills, organizations can build safer, more inclusive workplaces while reducing legal exposure.
