Employment DiscriminationEmployment Discrimination

In the Mexican Work EnvironmentIn the Mexican Work Environment

ContentContent

I.I. BackgroundBackground

II.II. Applicable Legislation Applicable Legislation

The Federal Law to Prevent and Eliminate DiscriminationThe Federal Law to Prevent and Eliminate Discrimination

Definitions and EnforcementDefinitions and Enforcement

III. Cases of Employment DiscriminationIII. Cases of Employment Discrimination

HandicappedHandicappedSexual OrientationSexual OrientationElder PopulationElder PopulationGender Based Gender Based Central Americans in the South of MexicoCentral Americans in the South of MexicoEducationEducation

IV. The CONAPRED IV. The CONAPRED

V. What is Next For CONAPRED?V. What is Next For CONAPRED?

BackgroundBackground

Discrimination Discrimination ->-> a historical phenomena: a historical phenomena: “The situation in “The situation in which, for prejudice, one person or group of people suffer an which, for prejudice, one person or group of people suffer an unfavorable treatment, generally for belonging to an specific unfavorable treatment, generally for belonging to an specific social category”.social category”.

Mexico continues to have poverty and unequal wealth Mexico continues to have poverty and unequal wealth distribution to a greater extent than its corresponding level distribution to a greater extent than its corresponding level of development. of development.

First national survey of discrimination in Mexico in May 2005, First national survey of discrimination in Mexico in May 2005, by the by the Consejo Nacional para Prevenir la DiscriminaciónConsejo Nacional para Prevenir la Discriminación (CONAPRED).(CONAPRED).

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Employment Discrimination in MéxicoEmployment Discrimination in MéxicoResults according to the CONAPRED survey:

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Employment discrimination by category

40.1

25.1 22.817.2

7.3

53.4

0.0

10.0

20.0

30.0

40.0

50.0

60.0

1

Category

affec

ted

peop

le %

Dissability

Sexual orientation

Older adults

Women

Religion minorities

Ethnic

BackgroundBackgroundThe main aspects that cause employment discrimination are: The main aspects that cause employment discrimination are:

Employers do not recognize discrimination practices.Employers do not recognize discrimination practices.Legal framework and its enforceability does not deter exclusion. Legal framework and its enforceability does not deter exclusion. Lack of effective social programs and educational systems.Lack of effective social programs and educational systems.Lack of mechanisms to reduce discrimination in the labor market.Lack of mechanisms to reduce discrimination in the labor market.

Unequal access to the labor market results in uneven income Unequal access to the labor market results in uneven income opportunitiesopportunities

Discrimination begins early in school followed by employment.Discrimination begins early in school followed by employment.Marital status, gender and physical appearance are limitations of Marital status, gender and physical appearance are limitations of access the labor market. access the labor market. Almost 40% of disabled people receive lowerAlmost 40% of disabled people receive lower

salary for a similar job.salary for a similar job.

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Applicable LegislationApplicable Legislation

Federal Law to Prevent and Eliminate Federal Law to Prevent and Eliminate Discrimination, published in 2003.Discrimination, published in 2003.

The State is responsible for creating The State is responsible for creating conditions that foster the rights and conditions that foster the rights and liberties consecrated in the Mexican liberties consecrated in the Mexican Constitution:Constitution:

– Art 1. All persons shall enjoy the same Art 1. All persons shall enjoy the same rights under the Constitution, which rights under the Constitution, which are not to be restricted or suspended are not to be restricted or suspended except as indicated otherwise…except as indicated otherwise…

– Art 5. No person shall be impeded Art 5. No person shall be impeded from working in the profession, from working in the profession, industry or trade of his/her preference, industry or trade of his/her preference, provided the activity is considered provided the activity is considered legal. Compensation shall be fair and legal. Compensation shall be fair and consented to by the individuals…consented to by the individuals…

Legal DefinitionsLegal DefinitionsFederal Law to Prevent and Eliminate Discrimination defines Federal Law to Prevent and Eliminate Discrimination defines discriminationdiscrimination as follows: as follows:

“ “Any and all distinction, exclusion or restriction based on ethnic, Any and all distinction, exclusion or restriction based on ethnic, national, gender, age, disabilities, social or economic conditions, national, gender, age, disabilities, social or economic conditions, pregnancy, language, opinions, sexual orientation, religion, civil pregnancy, language, opinions, sexual orientation, religion, civil status or other, which impedes recognition or exercise of egalitarian status or other, which impedes recognition or exercise of egalitarian rights among people.”rights among people.”

It is not considered as discrimination when:It is not considered as discrimination when:

Establishing special treatments to achieve equal opportunity.Establishing special treatments to achieve equal opportunity. Hiring based on special skills.Hiring based on special skills. Awarding an academic degree based on certain criteria.Awarding an academic degree based on certain criteria. Hiring civil servants only if they meet certain standards.Hiring civil servants only if they meet certain standards. Offering social security services only to beneficiaries.Offering social security services only to beneficiaries. Differentiating citizens from non-citizens.Differentiating citizens from non-citizens. Treating the mentally-ill with special care.Treating the mentally-ill with special care.

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EnforcementEnforcementThe Law fosters equal rights on health, education and The Law fosters equal rights on health, education and legal/economic support to women, children, senior citizens (over 60 legal/economic support to women, children, senior citizens (over 60 years old) and indigenous population. years old) and indigenous population.

Enforcement of the law is facilitated by the CONAPRED, an entity Enforcement of the law is facilitated by the CONAPRED, an entity that belongs to the ministry of the interior (that belongs to the ministry of the interior (SEGOBSEGOB). ).

CONAPRED may initiate investigations upon request of the plaintiff CONAPRED may initiate investigations upon request of the plaintiff or, in some instances, unsolicited.or, in some instances, unsolicited.

CONAPRED acts as mediator between plaintiff and defendant, and CONAPRED acts as mediator between plaintiff and defendant, and can provide legal advice to plaintiffs when legal actions are can provide legal advice to plaintiffs when legal actions are necessary.necessary.

CONAPRED may impose administrative penalties.CONAPRED may impose administrative penalties.

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Cases of Discrimination – Sexual OrientationCases of Discrimination – Sexual Orientation

Coca-Cola Femsa´s Case Facts:Coca-Cola Femsa´s Case Facts:

On May 2On May 2ndnd 2005, Roberto Mendoza filed at CONAPRED claiming 2005, Roberto Mendoza filed at CONAPRED claiming to be a victim of discriminatory practices for his sexual to be a victim of discriminatory practices for his sexual preferences, accusing Coca Cola Femsa’s HR Manager and 3 preferences, accusing Coca Cola Femsa’s HR Manager and 3 directors.directors.

Argument: he was twice denied promotions and had been Argument: he was twice denied promotions and had been constantly harassed until he was forced to resign on October 15, constantly harassed until he was forced to resign on October 15, 2004. 2004.

Prior to his resignation, he was relocated from Costa Rica to Prior to his resignation, he was relocated from Costa Rica to Mexico. Upon arrival, the HR manager changed the offer from Mexico. Upon arrival, the HR manager changed the offer from 117,000 MXP per month to 60,000 MXP.117,000 MXP per month to 60,000 MXP.

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Cases of Discrimination – Sexual OrientationCases of Discrimination – Sexual Orientation

Coca-Cola FEMSA Case Outcome:Coca-Cola FEMSA Case Outcome:

On May 13, 2005, CONAPRED qualified the matter as an alleged On May 13, 2005, CONAPRED qualified the matter as an alleged discrimination case. discrimination case.

The defendant replied to CONAPRED’s notice by:The defendant replied to CONAPRED’s notice by:

Denying that Roberto had worked there.Denying that Roberto had worked there.Arguing that Roberto had left by mutual consent and denying all Arguing that Roberto had left by mutual consent and denying all accusations.accusations.

The case was presented to CONAPRED and could not proceed The case was presented to CONAPRED and could not proceed further as one of the parties had denied to attend the conciliatory further as one of the parties had denied to attend the conciliatory process.process.

Roberto seeks that Coca Cola FEMSA implements the non-Roberto seeks that Coca Cola FEMSA implements the non-discriminatory policies of the Coca Cola Co. to make sure this never discriminatory policies of the Coca Cola Co. to make sure this never happens again.happens again.

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Cases – Gender and Age BasedCases – Gender and Age Based

912

Cases of Discrimination – Gender Based Cases of Discrimination – Gender Based Women in the “Women in the “MaquilaMaquila” Industry” Industry

The The maquilamaquila industry provides 500,000 jobs in Mexico; ~ 50% are industry provides 500,000 jobs in Mexico; ~ 50% are women.women.

Women are subject to various forms of discrimination:Women are subject to various forms of discrimination:

Sexual harassmentSexual harassmentJob denial based on pregnancy status.Job denial based on pregnancy status.

Sexual favors are sometimes a condition to access to job Sexual favors are sometimes a condition to access to job opportunities.opportunities.

They are subject to pregnancy tests upon hiring and monthly after. They are subject to pregnancy tests upon hiring and monthly after. Maternity leave costs are high to companies under Mexican Maternity leave costs are high to companies under Mexican legislation. legislation.

Pregnancy in the first months could have thePregnancy in the first months could have the employee reassigned to hard activities, employee reassigned to hard activities, overtime or being fired.overtime or being fired. 10

Cases of Discrimination – Gender BasedCases of Discrimination – Gender Based

Women in the “Women in the “MaquilaMaquila” Industry” Industry

Women do not protest against these practices because:Women do not protest against these practices because:

MaquilasMaquilas offer good opportunities, generally unmatched by other offer good opportunities, generally unmatched by other industriesindustries

Women ignore the legal provisions that protect them.Women ignore the legal provisions that protect them.

Some companies where this behavior has been identified: Sunbeam-Some companies where this behavior has been identified: Sunbeam-Oster, Panasonic, Zenith, Siemens, Bell, Sanyo, Samsung, etc.Oster, Panasonic, Zenith, Siemens, Bell, Sanyo, Samsung, etc.

According to the INEGI, women are paid on average 0.5% - 56% less According to the INEGI, women are paid on average 0.5% - 56% less than men in similar positions. than men in similar positions.

Professionals 23.6%Professionals 23.6%

Craft labor: 36.2% Craft labor: 36.2%

Public officials: 19.3%Public officials: 19.3%

Commerce: 17.0%Commerce: 17.0%11

Cases of Discrimination – OtherCases of Discrimination – Other

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

HIVHIV

Jewish CommunityJewish Community

What’s Next for CONAPRED ?What’s Next for CONAPRED ?

Encourage and motivate institutions and companies to Encourage and motivate institutions and companies to instill non-discrimination policies and measures that match instill non-discrimination policies and measures that match the specific needs of every group subject to discrimination.the specific needs of every group subject to discrimination.

Implement a new and easy process to help people to Implement a new and easy process to help people to denounce discrimination acts.denounce discrimination acts.

Improve enforcement of the law.Improve enforcement of the law.

Encourage legislators to pass laws and regulations that Encourage legislators to pass laws and regulations that eliminate existing unfair standards, especially gender-wise. eliminate existing unfair standards, especially gender-wise.

Gain credibility about the genuine interest inGain credibility about the genuine interest in non-discrimination as a culture, not a political flag.non-discrimination as a culture, not a political flag.

What’s Next for CONAPRED ?What’s Next for CONAPRED ?

QUESTIONS ?QUESTIONS ?

““We should be clear that the only thing in which we are all We should be clear that the only thing in which we are all equal is in that we are all different from each other”equal is in that we are all different from each other”

Mr. Gilberto Rincón GallardoMr. Gilberto Rincón Gallardo

Back-UpBack-Up

HandicappedHandicappedWork places not equipped to employ disabled people.Work places not equipped to employ disabled people.

Sexual OrientationSexual OrientationMost companies question marital or relationship in work Most companies question marital or relationship in work interviews.interviews.

Elder PopulationElder PopulationSome companies do not hire people older than an age range.Some companies do not hire people older than an age range.

Gender BasedGender BasedIt is proven that women earn less money in equal jobs than men.It is proven that women earn less money in equal jobs than men.Mandatory non-pregnancy test before hiring.Mandatory non-pregnancy test before hiring.

Central Americans in the south of MexicoCentral Americans in the south of MexicoIllegal wages Illegal wages No legal benefitsNo legal benefits

EducationEducationSome companies only hire alumni from certain private or Some companies only hire alumni from certain private or prestigious schools and universities.prestigious schools and universities.

SummarySummary