Sexual Harassment Complaints in the Workplace: Risks Arising from Improper Management

The prevention of Sexual Harassment constitutes an employment-related obligation that has gained increasing relevance over time. Employees now have greater confidence, security, and tools to report this type of conduct. Accordingly, in 2025, 1,840 sexual harassment complaints were filed with the National Superintendence of Labor Inspection, compared to 130 complaints filed in 2024.

The figures above demonstrate that the prevention and sanctioning of Sexual Harassment has become an obligation of special importance for companies. In this regard, the timely and appropriate handling of complaints involving acts of this nature is particularly important. In this context, the following question should be considered: Is my organization prepared to properly handle a sexual harassment complaint?
 

Handling of complaints

The procedure for handling sexual harassment complaints is established under Law No. 27942, the Law on the Prevention and Punishment of Sexual Harassment, and its Regulations, approved by Supreme Decree No. 014-2019-MIMP.

These regulations establish the actions, formalities, and deadlines that every employer must follow in cases involving Sexual Harassment complaints, whether filed by an individual or initiated ex officio. The principal activities that must be carried out are set out below:

Protection Stage Investigation stage Decision and Sanction Stage
Formal receipt of complaints Referal to the committee / Delegate Assessment by Human Resources
Activation of support channels and implementation of protective measures Investigation conducted by the commitee / Delegate Issuance of the Final Report and adoption of a final decision

Initial communication to the Labor Authority

 Issuance of a Preliminary Report by the commitee / Delegate Final communication to the Labor Authority

 

The impact of inadequate management

Failure to follow the legally established guidelines and requirements for handling Sexual Harassment complaints not only infringes upon the rights of the alleged victim, but also causes harm and adverse consequences for the company from multiple perspectives:

Legal and Financial Impact
  • Legal Contingencies: Delayed responses, failure to address a complaint, failure to implement protective measures, among other instances of improper management, may give rise to administrative risks before SUNAFIL and judicial risks arising from potential legal actions brought by affected employees, whether based on constructive dismissal, damages, or other claims.
  • Economic Contingencies: The legal contingencies described above may, in turn, result in administrative fines, litigation costs, compensation payments, and other financial consequences that adversely affect the company.
Organizational and Workplace Environment Impact
  • Loss of Internal Trust: Among employees, perceptions of impunity or poor confidentiality management may create a climate of widespread distrust.
  • Employee Turnover: The perception of a hostile or unsafe work environment may lead to demotivation, absenteeism and, in the worst-case scenario, the resignation of key personnel.
  • Internal Conflict: Failure to properly address complaints may increase tensions among the teams involved, negatively affecting day-to-day operations.

 

Business Impact
  • Reputational Contingencies: In the digital age, inappropriate actions may quickly become public knowledge, damaging the employer’s brand and reputation.
  • Loss of Stakeholder Confidence: Irregularities may be interpreted as non-compliance with Corporate Governance standards, resulting in the loss of business opportunities.

 

Key Considerations

Compliance with obligations relating to Sexual Harassment and the investigation of such conduct requires prevention, timely action, and adequate documentary support. It is not sufficient merely to have policies or formal committees in place; organizations must be able to demonstrate the existence of an active and effective system that genuinely protects their personnel and, in particular, the alleged victim.

At BDO Servicios Legales y Laborales S.A.C., we have a team of labor law specialists that provides comprehensive support to organizations in the prevention, management, and handling of complaints related to Sexual Harassment.

For further information or assistance, please contact us at servicioslegales@bdo.com.pe.
 

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