Employment Discrimination

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Employment Discrimination

• In the Mexican Work Environment

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Content

• Background
• Applicable Legislation
• The Federal Law to Prevent and Eliminate
  Discrimination
• Definitions and Enforcement
• III. Cases of Employment Discrimination
• Handicapped
• Sexual Orientation
• Elder Population
• Gender Based
• Central Americans in the South of Mexico
• Education
• IV. The CONAPRED
• V. What is Next For CONAPRED?

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Background

• Discrimination -gt a historical phenomena The
  situation in which, for prejudice, one person or
  group of people suffer an unfavorable treatment,
  generally for belonging to an specific social
  category.
• Mexico continues to have poverty and unequal
  wealth distribution to a greater extent than its
  corresponding level of development.
• First national survey of discrimination in Mexico
  in May 2005, by the Consejo Nacional para
  Prevenir la Discriminación (CONAPRED).

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Employment Discrimination in México
Results according to the CONAPRED survey
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Background

• The main aspects that cause employment
  discrimination are
• Employers do not recognize discrimination
  practices.
• Legal framework and its enforceability does not
  deter exclusion.
• Lack of effective social programs and educational
  systems.
• Lack of mechanisms to reduce discrimination in
  the labor market.
• Unequal access to the labor market results in
  uneven income opportunities
• Discrimination begins early in school followed by
  employment.
• Marital status, gender and physical appearance
  are limitations of access the labor market.
• Almost 40 of disabled people receive lower
• salary for a similar job.

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Applicable Legislation

• Federal Law to Prevent and Eliminate
  Discrimination, published in 2003.
• The State is responsible for creating conditions
  that foster the rights and liberties consecrated
  in the Mexican Constitution
• Art 1. All persons shall enjoy the same rights
  under the Constitution, which are not to be
  restricted or suspended except as indicated
  otherwise
• Art 5. No person shall be impeded from working
  in the profession, industry or trade of his/her
  preference, provided the activity is considered
  legal. Compensation shall be fair and consented
  to by the individuals

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Legal Definitions

• Federal Law to Prevent and Eliminate
  Discrimination defines discrimination as follows
• Any and all distinction, exclusion or
  restriction based on ethnic, national, gender,
  age, disabilities, social or economic conditions,
  pregnancy, language, opinions, sexual
  orientation, religion, civil status or other,
  which impedes recognition or exercise of
  egalitarian rights among people.
• It is not considered as discrimination when
• Establishing special treatments to achieve equal
  opportunity.
• Hiring based on special skills.
• Awarding an academic degree based on certain
  criteria.
• Hiring civil servants only if they meet certain
  standards.
• Offering social security services only to
  beneficiaries.
• Differentiating citizens from non-citizens.
• Treating the mentally-ill with special care.

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Enforcement

• The Law fosters equal rights on health, education
  and legal/economic support to women, children,
  senior citizens (over 60 years old) and
  indigenous population.
• Enforcement of the law is facilitated by the
  CONAPRED, an entity that belongs to the ministry
  of the interior (SEGOB).
• CONAPRED may initiate investigations upon request
  of the plaintiff or, in some instances,
  unsolicited.
• CONAPRED acts as mediator between plaintiff and
  defendant, and can provide legal advice to
  plaintiffs when legal actions are necessary.
• CONAPRED may impose administrative penalties.

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Cases of Discrimination Sexual Orientation

• Coca-Cola Femsas Case Facts
• On May 2nd 2005, Roberto Mendoza filed at
  CONAPRED claiming to be a victim of
  discriminatory practices for his sexual
  preferences, accusing Coca Cola Femsas HR
  Manager and 3 directors.
• Argument he was twice denied promotions and had
  been constantly harassed until he was forced to
  resign on October 15, 2004.
• Prior to his resignation, he was relocated from
  Costa Rica to Mexico. Upon arrival, the HR
  manager changed the offer from 117,000 MXP per
  month to 60,000 MXP.

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Cases of Discrimination Sexual Orientation

• Coca-Cola FEMSA Case Outcome
• On May 13, 2005, CONAPRED qualified the matter as
  an alleged discrimination case.
• The defendant replied to CONAPREDs notice by
• Denying that Roberto had worked there.
• Arguing that Roberto had left by mutual consent
  and denying all accusations.
• The case was presented to CONAPRED and could not
  proceed further as one of the parties had denied
  to attend the conciliatory process.
• Roberto seeks that Coca Cola FEMSA implements the
  non-discriminatory policies of the Coca Cola Co.
  to make sure this never happens again.

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Cases Gender and Age Based
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Cases of Discrimination Gender Based

• Women in the Maquila Industry
• The maquila industry provides 500,000 jobs in
  Mexico 50 are women.
• Women are subject to various forms of
  discrimination
• Sexual harassment
• Job denial based on pregnancy status.
• Sexual favors are sometimes a condition to access
  to job opportunities.
• They are subject to pregnancy tests upon hiring
  and monthly after. Maternity leave costs are high
  to companies under Mexican legislation.
• Pregnancy in the first months could have the
• employee reassigned to hard activities,
• overtime or being fired.

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Cases of Discrimination Gender Based

• Women in the Maquila Industry
• Women do not protest against these practices
  because
• Maquilas offer good opportunities, generally
  unmatched by other industries
• Women ignore the legal provisions that protect
  them.
• Some companies where this behavior has been
  identified Sunbeam-Oster, Panasonic, Zenith,
  Siemens, Bell, Sanyo, Samsung, etc.
• According to the INEGI, women are paid on average
  0.5 - 56 less than men in similar positions.
• Professionals 23.6
• Craft labor 36.2
• Public officials 19.3
• Commerce 17.0

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Cases of Discrimination Other
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Whats Next for CONAPRED ?

• CONAPRED jointly with the CNDH are starting to
  play an active role against discriminative acts
  made by employers and the society in general
• HIV
• Jewish Community

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Whats Next for CONAPRED ?

• Encourage and motivate institutions and companies
  to instill non-discrimination policies and
  measures that match the specific needs of every
  group subject to discrimination.
• Implement a new and easy process to help people
  to denounce discrimination acts.
• Improve enforcement of the law.
• Encourage legislators to pass laws and
  regulations that eliminate existing unfair
  standards, especially gender-wise.
• Gain credibility about the genuine interest in
• non-discrimination as a culture, not a
  political flag.

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We should be clear that the only thing in which
we are all equal is in that we are all different
from each other Mr. Gilberto Rincón Gallardo
QUESTIONS ?
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Back-Up
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Summary

• Handicapped
• Work places not equipped to employ disabled
  people.
• Sexual Orientation
• Most companies question marital or relationship
  in work interviews.
• Elder Population
• Some companies do not hire people older than an
  age range.
• Gender Based
• It is proven that women earn less money in equal
  jobs than men.
• Mandatory non-pregnancy test before hiring.
• Central Americans in the south of Mexico
• Illegal wages
• No legal benefits
• Education
• Some companies only hire alumni from certain
  private or prestigious schools and universities.