Creating a healthy, respectful and safe work environment is a legal obligation and an increasingly industry requirement. Companies that invest in preventive actions and structured internal policies not only protect against legal risks, but also strengthen their organizational culture and protection.
Among the challenges faced by organizations, moral and sexual harassment in the workplace stands out as a sensitive and high-impact issue, both from a human and legal perspective, which can cause serious harm to employees and the organization, including labor lawsuits, impacts on employees’ mental health and financial losses.
Moral harassment occurs when the worker is repeatedly exposed to humiliating and embarrassing situations in the workplace, such as excessive criticism, isolation or unjustified overload, affecting their dignity and mental health. Although there is no specific provision in the Brazilian Consolidation of Labor Laws (CLT is the abbreviation in Portuguese), the conduct may give rise to indirect termination (art. 483, CLT) and generate compensation for moral damages based on the Civil Code and the CLT itself.
Sexual harassment consists of unwanted sexual behavior that causes embarrassment or creates a hostile environment, and may occur through blackmail, insinuations, jokes or inappropriate contact. It is a crime defined in article 216-A of the Criminal Code and, in the labor sphere, it can result in indirect termination of the contract and the employer being held liable for omission or tolerance of the practice.
Both types of harassment can occur subtly or explicitly, in person or virtually, and are considered serious offenses, subject to labor, civil and even criminal lawsuits.
- What are the company’s obligations?
Brazilian legislation imposes on employers the duty to ensure a safe and healthy work environment. This includes preventive measures against any form of harassment, under penalty of direct or subsidiary liability.
With Law No. 14,457/2022, which established the Emprega + Mulheres (More Women Employed) Program, it became mandatory, for example, to create reporting channels and internal procedures for investigating cases of harassment for companies with CIPA.
Furthermore, the recent update of NR-01, through MTE (Ministry of Labor and Employment) Ordinance No. 1,419/2024, expressly included the management of psychosocial risks as part of the Risk Management Program (PGR), requiring companies to assess factors such as occupational stress, harassment and burnout, and adopt measures to prevent and address these risks in the workplace.
- How to prevent and combat harassment in the company?
- Internal Policy Development: Create an official document that defines what harassment is, establishes the internal reporting channels and flows, and the consequences for those who practice it.
- Team training: Empower managers and employees to identify and avoid inappropriate behavior.
- Whistleblower Channel: Create safe ways for victims and witnesses to report cases without fear of reprisals.
- Investigation and strict punishment: All complaints must be investigated impartially, applying disciplinary measures when necessary, including dismissal for just cause.
- Engaged leadership: Managers must set an example, ensuring that respect is a non-negotiable value within the company.
Preventing harassment in workplace relationships is not just a legal requirement, but a competitive advantage. Companies committed to employee well-being are more attractive, productive and resilient. Furthermore, they prevent damage to the company’s image and reputation; lawsuits and labor convictions; costs with hidden liabilities and high compensation; loss of talent and a decline in the organizational climate.
If you need legal support to structure any of these measures, please contact our team.
Written by Daniel Rangel, Júlia Soares, and Matheus Loures