Gender identity at work: legal obligations
Law 21.120 on Gender Identity and recent Labor Directorate rulings have established clear obligations for employers regarding recognition and respect of gender identity in the workplace.
Current legal framework
Employers are obligated to:
•Use the social name registered by the worker in all internal documents
•Update labor records (credentials, email signatures, internal systems) to the social name
•Guarantee facility access (bathrooms, locker rooms) according to declared gender identity
•Prevent and punish any discrimination or harassment based on gender identity
Relevant Labor Directorate rulings
The Labor Directorate has issued key pronouncements:
•Ruling 1297/15 (2024): Ratifies that the social name must be used in all internal communications
•Complementary ruling: Establishes that refusal to use the social name constitutes workplace harassment under Ley Karin
•Locker room criteria: Access must be based on gender identity, not biological sex
What risks does your company face?
Non-compliance with these norms can lead to:
•Workplace harassment complaints under Ley Karin
•Fines for violation of non-discrimination norms
•Fundamental rights violation lawsuits with significant compensation
•Reputational damage in a context where consumers value diversity
Concrete actions for your company
1.Update internal regulations with gender inclusion policies
1.Train leaders and HR teams on correct social name usage
1.Adapt internal systems to allow social name registration
1.Implement a reporting channel that includes gender identity discrimination categories
Audty and inclusion
With Audty, companies can:
•Monitor workplace climate with surveys including inclusion indicators
•Detect discrimination patterns before they escalate to formal complaints
•Document training and preventive actions as compliance evidence
•Classify and manage gender identity-related complaints in a specialized way
