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Mexico: Equal opportunities

Original and updating authors: Mónica Schiaffino and Estefania Rueda Garcia, Littler

See the legal services provided by the authors of XpertHR International > Mexico, including any discounts/offers for subscribers.

Summary

  • Discrimination in employment is prohibited on various grounds. (See General)
  • Employers must implement a protocol for the prevention of gender discrimination, sexual abuse and violence. (See Specific provisions)
  • Differential treatment on the prohibited grounds is permitted in certain circumstances. (See Exceptions)
  • There is a general statutory requirement that employees must not be subject to harassment or other improper behaviour. (See Harassment and sexual harassment)
  • Positive action measures and differential treatment seeking to promote genuine equality of opportunities on the prohibited grounds do not constitute unlawful discrimination. (See Positive action)
  • Employees who believe that they have been subject to unlawful discrimination by an employer on any of the prohibited grounds can bring a case to the relevant Conciliation and Arbitration Board and, if conciliation fails, can bring a claim in the civil courts. (See Remedies and penalties)