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Chile: Equal opportunities

Original author: Andres Valdes, Baker & McKenzie

Updating author: Agustin Alcalde 

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


  • Discrimination in employment is prohibited on various grounds, including race, sex, age, trade union membership, religion, political opinion and nationality. (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)
  • Both sexual harassment and "workplace harassment" (essentially bullying) are prohibited, and employers must have a procedure for dealing with claims of sexual harassment, along with protecting victims and punishing offenders. (See Harassment and sexual harassment)
  • 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)