Introduction
In a landmark decision in January 2025, Mexico’s Supreme Court of Justice of the Nation (SCJN) has redefined workplace violence, elevating it from an administrative risk to a penal contingency for companies. This shift in perspective has significant implications for corporate legal risk, as practices such as exploitation, structural discrimination, and gender-based violence are now recognized as human rights violations with direct penal consequences for organizations and their leadership.
The Shift in Paradigm
Héctor de la Cueva, a partner at De la Vega & Martínez Rojas, explains, “This change compels companies to transition from reactive compliance to proactive measures. Negligence in preventing workplace violence is now a gateway to corporate penal responsibility, a scenario unthinkable for many just recently.”
Focus on Structural Violence
The new standard emphasizes structural violence, which is perpetuated through organizational culture and policies. Under this lens, a company can be held accountable for enabling behaviors such as excessive work hours without proper compensation, ineffective protocols for reporting harassment or gender-based violence, and the absence of corrective measures against discrimination based on any grounds. In this way, responsibility extends from the individual committing the act to the organization failing to implement effective control and prevention mechanisms.
Compliance in Risk Management
With this precedent, companies are now obligated to prevent, detect, and eradicate workplace violence. This necessitates an immediate review of compliance programs and human resources practices.
De la Cueva stresses, “The focus of ‘compliance’ must evolve from mere documentation to a strategic tool for managing legal and penal risks. Close coordination between Human Resources and the Compliance department is crucial for designing and implementing clear, functional, and diversity & inclusion policies that are evident in daily operations. Regular diagnostics and audits should be conducted to identify and rectify risks promptly, and directors and staff must be trained in human rights and equality to ensure effective policy implementation.”
Key Questions and Answers
- What is the significance of SCJN’s decision? The Mexican Supreme Court has redefined workplace violence, making it a penal contingency for companies. This shift elevates the legal risk for organizations, as negligence in preventing such violence can now lead to corporate penal responsibility.
- What types of behaviors are now considered human rights violations? Exploitation, structural discrimination, and gender-based violence are recognized as human rights violations under the new standard.
- How should companies adapt to this change? Companies must transition from reactive compliance measures to proactive strategies. This involves reviewing existing compliance programs, fostering collaboration between HR and Compliance departments, implementing clear policies, conducting regular diagnostics, and training staff on human rights and equality.
