Global Perspective: New equal employment opportunity standards for Mexico
The Mexican Standard on Equal Employment Opportunities and Non-discrimination was published recently by the Ministry of Labour and Social Welfare, in collaboration with the National Institute for Women and the National Council to Prevent Discrimination.
The new standards, while unbinding, is intended to be used as a guideline to evaluate and certify EEO workplace practices and to ensure compliance with national and international employment discrimination laws.
“The new standard can be implemented in all work places (in the public and private sectors), regardless of industry, economic activity or size.”
Companies can obtain certification of compliance. One aspect of compliance is implementing an affirmative action plan with provisions including a minimum of 40% of the total number of employees in total and executive positions must be held by women.
This follows in the footsteps on the 2003 Equal Gender Model which was a first attempt at systematizing Mexican equal opportunity practices. In 2012, the Federal Labour Law was amended to included provisions on non-discrimination, equality and harassment.
Criticism of the standard focus on it being non-binding, and the lack of incentive for businesses to seek certification of compliance. Nadia Gonzalez Elizondo of Santamarina y Steta suggests that tax benefits and exemption periods from inspections could have been viable incentives.
She comments, “From a legal point of view, the new standard seems insufficient” and that there is still remedy against discrimination under the Federal Labour Law. Elizondo clarifies that most existing employment discrimination rulings in Mexico are filed by job candidates in civil claims for damages, rather than filed by employees.
Relevant reading:
Guide to Employment Discrimination Laws in Mexico (for employees) from the Commission for Labor Cooperation.
Worker protests in Ciudad Juárez highlight workers’ rights violations in Mexico.
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