SUMMARY: What Should a Company’s Human Resources Department Do Regarding Workplace Harassment, Violence, and Discrimination? The Human Resources Department must turn the employer’s legal obligations into concrete procedures: review documents, coordinate the policy and protocol, organize training, activate response procedures, and monitor protective measures.
When a company must implement measures to address workplace harassment, violence, and discrimination, the Human Resources Department plays a central role in putting those obligations into practice.
The regulations establish duties for employers and contracting entities, but also require the protocol to assign responsibilities and functions to the bodies responsible for handling these cases, including Human Resources departments, committees, internal control offices, or gender committees, as applicable.
For this reason, this guide focuses on the specific role of the department: what it should review, what it should coordinate, what procedures it should have in place, and what actions it should manage when a case arises.
The Human Resources Department must review and coordinate the policy and protocol, organize their communication and training, verify the available reporting channels, manage internal response procedures, coordinate actions with the Occupational Health and Safety Management System (SG-SST) and the Occupational Risk Insurer (ARL), and monitor the measures adopted.
What Should the Human Resources Department Review First?
Before drafting new documents, it is advisable to conduct a diagnosis of the mechanisms already in place within the organization.
The review should determine:
- whether a prevention policy exists;
- whether there is a protocol for handling cases;
- which individuals or bodies have been assigned responsibilities;
- which channels are available for filing complaints;
- how a response procedure is currently activated;
- what protective measures can be adopted;
- what provisions are contained in the internal work regulations;
- what information is provided during onboarding;
- what training activities have been conducted; and
- how these situations are currently coordinated with the Workplace Coexistence Committee, the SG-SST, and the ARL.
The objective is to identify what exists, what is missing, and what needs to be adjusted.
This initial review prevents the organization from having to start from scratch and makes it possible to turn regulatory requirements into a concrete action plan.
How Should Human Resources Participate in Developing the Policy?
The prevention policy must be developed through a participatory process involving employees and labor unions and must incorporate gender, differential, and intersectional approaches.
From the Human Resources Department’s perspective, the task is to coordinate this process and verify that the document contains the minimum required elements.
These include:
- human dignity, equality, gender equity, respect, and confidentiality;
- non-revictimization and due diligence;
- an institutional zero-tolerance statement regarding harassment, violence, and discrimination;
- the rights and duties of employers, employees, contractors, and affiliated third parties;
- campaigns, training, communication, and ongoing education; and
- evaluation and monitoring mechanisms, including indicators, responsible parties, and reporting frequency.
The policy must also be coordinated with the structures already involved in managing these risks, so that it does not operate as a stand-alone document separate from the organization’s other internal systems and procedures.
What Should Be Verified in the Response Protocol?
The protocol is the instrument that translates the policy into practice. It must establish how a case is guided, received, investigated, protected, and closed.
Accordingly, the department should verify that the protocol includes a comprehensive procedure with stages for guidance, receipt, investigation, protection, and closure, as well as safe and confidential channels for filing complaints.
It should also verify that the following are clearly defined:
- the persons responsible for each stage;
- the functions of the committees and other bodies involved;
- immediate protective measures;
- due process, impartiality, and promptness guarantees;
- preventive and corrective actions;
- training on the protocol;
- statistical management of cases, while respecting anonymity and personal data; and
- coordination with other competent authorities or entities, where applicable.
The primary function here is to verify that the procedure can actually be implemented. It is not enough for the protocol to list rights or principles: it must make clear what happens when a complaint is received and who intervenes at each stage.
What Should Be Adjusted in Internal Regulations, Contracts, and Reporting Channels?
The document review should continue with the internal work regulations and onboarding mechanisms.
Public and private employers must expressly incorporate the applicable provisions into their internal regulations. The regulations also require employees and other individuals entering into a relationship with the organization to be informed of the existence and binding nature of the policy and protocol through internal regulations, employment contracts, and other forms of engagement.
From the Human Resources Department’s perspective, this means coordinating the review of these documents with the responsible departments and verifying that the information is consistent with the procedures and response mechanisms currently in place.
It should also be verified that the channels for filing complaints are safe, confidential, known, and accessible to the persons covered by the applicable protection framework.
This is not merely a matter of publishing an email address or a form. The procedure must clearly establish who receives the information, how it is recorded, and to which body it is referred.
How Should Communication and Training Be Organized?
The policy and protocol must be published, communicated, and made known to everyone, regardless of their employment relationship. In addition, annual training and update sessions must be provided.
For this reason, training should be incorporated into the department’s work plan.
The training content should enable individuals to understand:
- the conduct covered by the regulations;
- their rights and duties;
- the available reporting channels;
- the response procedure;
- protective measures;
- the responsible bodies; and
- the safeguards applicable throughout the process.
Special attention should also be given to individuals who have responsibilities within the response procedure, so that they understand their specific duties.
Maintaining evidence of the activities carried out—such as invitations, training materials, attendance records, and other materials used—helps demonstrate that the communication and training activities were actually conducted.
What Happens When Information About a Case Is Received?
When the Workplace Coexistence Committee or the body designated to handle cases of gender-based violence and discrimination becomes aware of a situation, the internal procedure must be activated in accordance with the established procedures.
At this stage, the department’s role is to properly guide and channel the situation, without assuming powers or responsibilities assigned to other bodies.
The regulations contemplate, among other actions:
- comprehensive support and institutional guidance provided by trained personnel;
- initial legal guidance regarding rights and available procedures;
- requests for emotional and psychological assistance through the ARL;
- protection of sensitive data and information related to the case; and
- actions under the SG-SST to assess psychosocial risk and implement intervention measures.
In practice, it is advisable to have a clear workflow in place beforehand:
receipt → guidance → referral to the competent body → activation of the procedure → protection → institutional coordination → follow-up.
This ensures that the response does not depend on improvisation when a case arises.
How Should Protective Measures Be Managed?
Employers and contracting entities must adopt the measures necessary to safeguard the rights of affected individuals. These measures may be organizational, physical, contractual, educational, or psychosocial and must be proportionate to the circumstances of the case, with the participation and informed consent of the affected person.
The alternatives contemplated include:
- avoiding contact between the individuals involved;
- ensuring safe working conditions;
- adjusting shifts and working hours;
- considering remote work;
- redistributing duties;
- modifying supervisory arrangements or functions; and
- monitoring the effectiveness of the measures.
The initial assessment must be conducted promptly and confidentially, and protective measures may be activated as soon as the incident is reported or the request is made, without requiring prior evidence.
For the department responsible for people management, this means having the available alternatives and the individuals responsible for implementing them clearly identified in advance.
What Should Be Taken into Account in Cases of Gender-Based Violence?
There are specific safeguards that must be incorporated into the management of these cases.
The affected person has the right not to be subjected to a confrontation with the person identified as the alleged aggressor during the proceedings. The affected person may also request a transfer to another work area or measures intended to avoid activities involving interaction with the person under investigation. Such conduct is not subject to conciliation.
Therefore, the handling of the case should not be approached as a simple meeting between the individuals involved to seek an agreement.
The procedure must protect the autonomy, confidentiality, and integrity of the affected person, in accordance with the rules applicable to the case.
How Should the Response Be Coordinated with the SG-SST and the ARL?
The response does not end with the administrative handling of the complaint.
The regulations require actions to be taken within the SG-SST to assess the psychosocial risk associated with the case and implement intervention measures that contribute to the emotional and occupational stabilization of the complainant.
In addition, emotional and psychological assistance must be requested through the ARL using its psychosocial intervention or crisis-support channels. ARLs must provide access to support services, such as telephone lines or digital platforms, staffed by mental health professionals.
Internal coordination must respect the responsibilities of each area:
- Human Resources: manages the employment-related dimension and coordinates the internal procedure.
- SG-SST: addresses occupational and psychosocial risks.
- ARL: provides the applicable support and assistance services.
- Committee or competent body: carries out the actions applicable to the case.
This allocation of responsibilities prevents a single department from assuming functions that belong to other bodies.
What Should Be Documented and Monitored?
Proper implementation should be demonstrable.
The documents and evidence that should be organized include:
- current versions of the policy and protocol;
- evidence of publication and communication;
- training records;
- designation of responsible individuals;
- information regarding available reporting channels;
- records of actions taken;
- monitoring of protective measures; and
- evaluation indicators and reports.
The policy must include an evaluation and monitoring mechanism with indicators, responsible parties, and reporting frequency.
This documentation makes it possible to demonstrate that the instruments not only exist, but have also been implemented, communicated, and used.
What Should Be Reviewed Periodically?
The review should form part of the department’s management calendar.
At a minimum, the department should verify that the following continue to operate effectively:
- the policy;
- the protocol;
- the reporting and support channels;
- the assigned responsibilities;
- training activities;
- protective measures;
- coordination with the SG-SST and ARL; and
- monitoring mechanisms.
The regulations require training and update sessions to be held annually, while the policy must include evaluation and monitoring mechanisms.
This does not mean that all documents must automatically be redrafted every year. The annual obligation expressly refers to training and update sessions; in addition, the policy must include mechanisms to evaluate its effectiveness.
What Should Be Verified Before Making a Decision Affecting a Complainant?
Decisions that may have an employment-related impact on a person who has filed a complaint require special care.
Complainants and witnesses may not be subjected to retaliation for their participation in proceedings related to workplace harassment or violence. In addition, certain unilateral terminations of employment contracts or dismissals occurring within six months following the filing of a complaint have no legal effect when, through the applicable procedures, the occurrence of the reported events is verified.
There is also a safeguard relating to performance evaluations: when the corresponding EPS medical opinion is submitted, the evaluation must be suspended for the period established in the medical opinion.
Therefore, before making a decision that could affect a complainant or witness, the context of the case should be carefully reviewed and the reasons for the decision should be properly documented.
Checklist: Is the Human Resources Department Prepared to Handle These Cases?
Documents
- A prevention policy is in place.
- A response protocol is in place.
- The internal work regulations have been reviewed.
- Onboarding and employment documents inform individuals about the policy and protocol.
Responsibilities
- Those responsible for each stage are clearly identified.
- The functions of the Workplace Coexistence Committee and other bodies are understood.
- Coordination with the SG-SST and ARL is established.
Response
- Safe and confidential channels are available.
- The procedure for receiving and referring a complaint is clearly defined.
- Available protective measures are known.
- The process for requesting assistance from the ARL is defined.
- A mechanism exists to protect information.
Training
- The policy and protocol have been communicated.
- Training activities are conducted.
- Annual updates are provided.
- Evidence of the activities conducted is retained.
Monitoring
- Indicators are in place.
- Individuals responsible for monitoring are designated.
- The measures adopted are evaluated.
- Results are documented.
The role of the Human Resources Department in addressing workplace harassment, violence, and discrimination does not end with drafting a policy or protocol.
Its role is to turn those instruments into procedures that can actually be used—from training and reporting channels to activating response procedures, coordinating with the competent bodies, and monitoring the measures adopted.
The difference between having documents and having a system that actually works lies in the organization’s ability to respond when a situation arises: knowing who receives the information, which procedure is activated, what protective measures can be adopted, how the response is coordinated, and how the events are documented.
For the department responsible for people management, that is the central task: to ensure that prevention, response, and protection measures move from the document into practice and can be applied diligently, confidentially, and promptly.
See below the Ministry of Labor decree regarding: What Should a Company’s Human Resources Department Do Regarding Workplace Harassment, Violence, and Discrimination? — Ministry of Labor Decree No. 1040 of 2026.