Harassment on the basis of gender identity as a probable occupational disease

Abstract

Harassment at work is identified as aggressive behaviour towards the worker in the work environment through subordination, which can be continued by other people who are part of the work environment, and is contemplated in the Federal Labour Law. Considering also that if these behaviours are carried out as a continuous action they can derive in damage to the mental health of the worker, a “work-harm-cause-effect relationship” can be established, deriving in a work-related illness with medical and economic benefits corresponding to what is established in the Federal Labour Law. The aim of this paper is to point out that some populations are vulnerable to being victims of harassment at work due to demographic characteristics such as: Ethnic origin, nationality, age, disability, social condition, health, religion, opinion, sexual preference, gender identity, marital status, etc.; to identify these characteristics that violate workers, and may threaten the dignity, moral, psychological and even physical integrity of workers.