THE INSTRUMENTALIZATION OF HARASSMENT AS A FORM OF WORKPLACE DISCRIMINATION

AN ANALYSIS OF SENTENCE ROL T-256-2024 FROM THE SAN MIGUEL’S LABOUR COURT

Abstract

This commentary addresses Judgment T-256-2024 of the Labor Court of San Miguel, dated May 2, 2025, regarding a tutela action filed due to a dismissal that violated fundamental rights. The commentary analyzes the arguments presented in the case's resolution to establish the necessary theoretical delimitation of harassment and discrimination, seeking to distinguish between these two behaviors in order to avoid overlaps and promote their correct application. The discussion focuses on the multiple forms of harassment and how it can be aggravated by specific discriminatory motivations. To address this discussion, the facts of the case were compared with the recent doctrinal development of the categories of harassment and discrimination. The common features of both concepts that lead to confusion between them are identified. Furthermore, the possibility that harassment may be used to conceal discriminatory acts and the detrimental effect this has on the victims of such conduct are acknowledged. It is concluded that harassment is governed by the dynamics of bullying, while discrimination requires proof that the hostility originates from a prohibited segregation factor.