On October 31, 2025, the isolated decision with digital registration "2031407" was published in the Federal Judicial Weekly, enabling labor courts to hear and rule on the payment of compensation for moral damages that workers believe they have suffered on the job.
According to this precedent, claims for moral damages will be contingent on discriminatory acts or conduct, such as dismissals due to health conditions or gender-based violence, among others, but also on the Labor Court identifying factors that aggravate the worker's vulnerability in the particular case, in which case it must adjust the procedure to guarantee the analysis and admissibility of all the claims made, including moral damages.
The significance of this new criterion is that, in contrast to the law and legal tradition, moral damages can now be claimed and resolved directly in a labor proceeding and not, as until now, only through an independent claim before civil courts.
Therefore, it is essential to carefully review the processes for resolving internal complaints, imposing sanctions and terminating employment for issues involving discrimination. It is also necessary to implement protocols to prevent gender discrimination and address cases of sexual violence, harassment or assault, as well as to eradicate forced and child labor, since any action that may be perceived as discriminatory or inequitable could lead to a legal and economic contingency greater than those regulated in the Federal Labor Law, adding to them the risk of being ordered to compensate the affected worker for moral damages.
For more information, we share the link to the publication in the Federal Judicial Weekly: https://sjf2.scjn.gob.mx/detalle/tesis/2031407.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
