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.

Start by selecting your Topic of interest below. Then choose your Regions and finally refine the exact Subjects you are seeking clarity on to view detailed analysis provided by our carefully selected internationally recognised experts.

4. Results: Answers
Labour and Employment
4.
Discrimination and harassment
4.1
What actions are classified as unlawfully discriminatory?
Mexico

Answer ... The law prohibits the establishment of working conditions or conduct in the workplace that would result in discrimination among workers based on:

  • ethnic or national origin;
  • gender;
  • age;
  • disability;
  • social status;
  • health conditions;
  • religion;
  • immigration status;
  • opinions;
  • sexual preferences;
  • marital status; or
  • any other condition that violates human dignity.

For more information about this answer please contact: Alejandro Nila Rosales from Sainz Abogados
4.2
Are there specified groups or classifications entitled to protection?
Mexico

Answer ... The Labour Law establishes specific provisions for categories of workers who qualify for special protection or guidelines, as follows:

  • employees in positions of trust;
  • ship employees;
  • aeronautical crew employees;
  • railroad employees;
  • motor transportation employees;
  • field employees;
  • professional athletes;
  • actors and musicians;
  • teleworkers;
  • household workers (domestic workers);
  • mine employees;
  • employees in hotels, restaurants, bars and similar establishments;
  • family industry employees;
  • resident doctors who are training in a specialty; and
  • employees in universities and autonomous institutions of higher education.

For more information about this answer please contact: Alejandro Nila Rosales from Sainz Abogados
4.3
What protections are employed against discrimination in the workforce?
Mexico

Answer ... Employers must implement protocols in the workplace:

  • to prevent discrimination based on gender;
  • to deal with cases of violence and harassment; and
  • to eradicate forced and child labour.

For more information about this answer please contact: Alejandro Nila Rosales from Sainz Abogados
4.4
How is a discrimination claim processed?
Mexico

Answer ... The competent authority to receive complaints of discrimination is the Federal Employees’ Defence Office (PROFEDET). Anyone who is the victim of a discriminatory act in any workplace can file a complaint with PROFEDET, submitting sufficient evidence to allow the authority to determine whether it is grounded. The evidence may consist of photographs, documents, videos, voice recordings, text messages or witness testimony.

For more information about this answer please contact: Alejandro Nila Rosales from Sainz Abogados
4.5
What remedies are available?
Mexico

Answer ... Once a complaint has been filed, PROFEDET will examine the evidence and will specify the corresponding sanction, depending on the case. Where the employer has discriminated against the employee, a fine may be imposed under Article 994, Section VI of the Labour Law. The amount of the fine varies and will be determined by PROFEDET.

For more information about this answer please contact: Alejandro Nila Rosales from Sainz Abogados
4.6
What protections and remedies are available against harassment, bullying and retaliation/victimisation?
Mexico

Answer ... Under the protocols discussed in question 4.3, each work centre must establish its own mechanisms for dealing with cases of harassment, bullying or violence.

For more information about this answer please contact: Alejandro Nila Rosales from Sainz Abogados
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Topic
Labour and Employment