Comparative Guides
Welcome to Mondaq Comparative Guides - your comparative global Q&A guide.
Our Comparative Guides provide an overview of some of the key points of law and practice and allow you to compare regulatory environments and laws across multiple jurisdictions.
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Results: 4 Answers
Labour and Employment
4.
Discrimination and harassment
4.1
What actions are classified as unlawfully discriminatory?
 
Mexico
The Federal Labour Law expressly forbids discrimination based on ethnic origin or nationality, health condition, gender, age, disability, social status, religion, migratory status, opinions, sexual preferences or civil status. Any act that affects an individual’s work security based partially or totally upon such considerations will be deemed discriminatory.

The Federal Labour Law also regulates harassment in the workplace, with or without sexual content, as an abusive use of force with a subordinate or a colleague of equal standing which creates a dangerous situation for the victim.

For more information about this answer please contact: Luis E. Díaz Mirón S. from Díaz Mirón Y Asociados, S.C.
4.2
Are there specified groups or classifications entitled to protection?
 
Mexico
The Federal Labour Law has special chapters which protect working minors and pregnant women.

For more information about this answer please contact: Luis E. Díaz Mirón S. from Díaz Mirón Y Asociados, S.C.
4.3
What protections are employed against discrimination in the workforce?
 
Mexico
Discrimination in the workforce is something which labour inspectors commonly check for in case of an inspection. Employees with a credible case of harassment can sue for termination of the labour relationship and severance pay from the employer.

If an employer has enough evidence to prove harassment or discriminatory misconduct by an employee, it should terminate his or her employment; but this does not indemnify the victim.

For more information about this answer please contact: Luis E. Díaz Mirón S. from Díaz Mirón Y Asociados, S.C.
4.4
How is a discrimination claim processed?
 
Mexico
Where an employee commences legal proceedings for discrimination, there is little precedent to guide the courts accordingly. The claim will be processed in the same way as any other claim for termination of employment through which severance pay is sought. As this type of procedure requires the employee to voluntarily terminate the employment first, it is not common.

If an employer has enough evidence to prove discrimination or harassment by an employee, it will serve notice to terminate the relationship and will likely have to defend such termination in court against a claim by that employee for wrongful termination.

For more information about this answer please contact: Luis E. Díaz Mirón S. from Díaz Mirón Y Asociados, S.C.
4.5
What remedies are available?
 
Mexico
The Federal Labour Law provides only for severance pay of three months’ wages, complemented by 20 days’ wages per year of seniority plus a seniority premium of 12 days’ wages per year of seniority, capped at twice the minimum wage. Discretional or punitive damages are not available.

For more information about this answer please contact: Luis E. Díaz Mirón S. from Díaz Mirón Y Asociados, S.C.
4.6
What protections and remedies are available against harassment, bullying and retaliation/victimisation?
 
Mexico
Employees can be advised free of charge by a state-appointed attorney if they wish to file suit against their employer. Different local and federal commissions may further begin proceedings to determine whether there is discrimination in the workplace; while human rights commissions can also launch inquiries into human rights violations in the workplace.

For more information about this answer please contact: Luis E. Díaz Mirón S. from Díaz Mirón Y Asociados, S.C.