Workplace harassment can be sued over without any dismissal
Labor proceedings. They are the proper route to claim the cessation of workplace harassment (mobbing) and of wage deductions.
Official heading (Spanish): VÍA LABORAL. PROCEDE PARA DEMANDAR EL CESE DE HOSTIGAMIENTO LABORAL (MOBBING) Y DE DESCUENTOS SALARIALES.
The ruling
A worker sued IMSS and several of its officials to stop workplace harassment and annul wage deductions stemming from demerit notes. The labor authority dismissed the complaint because ending harassment is not an action expressly provided in the Federal Labor Law. The Collegiate Circuit Court held that labor proceedings are available when those claims arise from the employment relationship.
Our take
The ruling opens a door many employers have not noticed: a worker can stay on the job and, at the same time, sue to stop harassment and annul related deductions. Resigning or being dismissed is no longer a precondition to litigate. For companies, the risk is no longer only about severance; it becomes operational: open lawsuits with active staff, witnesses inside the team and exposure of middle managers. The answer lies in prevention policies and internal protocols that actually work. A protocol without investigation or consequences protects no one in court.
What to do
- Make sure the anti-harassment protocol includes investigation, timelines and documented consequences.
- Audit deductions or sanctions imposed on workers who have filed harassment complaints.
- Train middle managers on conduct that may amount to workplace harassment.
Details
- Court
- Collegiate Circuit Court
- Type
- Isolated precedent
- Identifier
- XVII.1o.C.T.1 L (12a.)
- Digital registry
- 2032686
- Published
- September 25, 2026
- Area
- Labor and social security
- View official source ↗
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Prepared by Artegia for information only; not legal advice. Headings in English are unofficial translations. The official text is the one published in the Semanario Judicial de la Federación or the TFJA journal.