On 29 April 2021, an amendment to articles 5 and 34 of the Law Against Sexual Harassment was published in the Official Gazette. The amendment provides the obligation of employers to keep an updated record of any disciplinary sanction related to sexual harassment conducts of its employees. The amendment also provides the following:

· The record can be consulted by any interested person.

· The employer must safeguard the identity, personal data, and any other sensitive information of the victims.

· The record must be kept in a corporate registry.

· The record must be kept for a period of ten years, after the firmness of the respective sanction.

· Minors are exempted from the application of this record.

· The information related to these sanctions, including the identity of the sanctioned person, will be of public access, after the firmness of the sanction.

For companies to be in compliance with labor law regulations, they should adjust their anti-sexual harassment policy to include this new provision.

For legal advice on Costa Rican Employment & Labor, Human Resources, and Immigration Law, including our support to update your internal policies, please do not hesitate to contact us.