Chile: Equal opportunities

Original author: Andres Valdes, Baker & McKenzie

Updating author: Agustín Alcalde 

See the legal services provided by the author of International > Chile, including any discounts/offers for subscribers.

Summary

• Discrimination in employment is generally prohibited, expressly on a number of grounds including, race, colour, sex, gender, maternity, breastfeeding, nursing, age, marital status, union membership, religion, political opinion, nationality, national extraction and socio-economic status. (See General)
• Distinctions, exclusions or preferences based on the skills and qualifications required for a particular job are not considered to be unlawful discrimination on the prohibited grounds. (See Exemptions)
• Legislation prohibits sexual harassment, workplace harassment and workplace violence. (See Harassment, sexual harassment and workplace violence)
• Employees have a general right not to be subject to "reprisals" by their employer for bringing claims in court or referring matters to the relevant administrative authorities. (See Victimisation)
• Employers are not required or permitted to take any positive action in favour of people from under-represented or disadvantaged groups. (See Positive action)
• Employees who believe that they have suffered unlawful discrimination can bring a court claim under a special judicial procedure. (See Remedies and penalties)