Mexico
Overview
Please review the information below and then return to the workplace harassment prevention course.
Harassment and discrimination based on a protected characteristic are prohibited under national law.
Applicable Laws
The primary national laws prohibiting employment discrimination and harassment on the basis of a protected characteristic are:
- The Federal Labor Law,
- The Federal Law to Prevent and Eliminate Discrimination,
- Standard on Labor Equality and Non-Discrimination, and
- Standard on Psychosocial Risk Factors at Work.
Protected Characteristics
Harassment or discrimination based on any characteristic set forth below is prohibited in Mexico.
- Ethnic or national origin
- Gender
- Age
- Disability
- Social status
- Health conditions
- Religion
- Migratory status
- Opinion
- Sexual preference
- Marital status
Regional, state or other political subdivision laws may provide additional, separate standards and remedies for certain prohibited conduct.
Definitions
Harassment
Harassment is defined as the exercise of power, by a superior against a subordinate, in the workplace, that is expressed in verbal or physical conduct or both.
Sexual Harassment
Sexual harassment is defined as a form of violence, where there is an abuse of power that involves a state of defenselessness and risk for the victim, regardless of whether the conduct happens once or on multiple occasions.
Filing a Claim in Mexico
A claim for employment discrimination or harassment may be filed with a local conciliation and arbitration board, the National Board for the Prevention of Discrimination or the National Human Rights Commission. In addition, an employee claiming that an employer has violated any law related employment may request an audit from the Ministry of Labor and Social Welfare.
Potential Remedies
In Mexico, an employee who has experienced workplace discrimination or harassment may be entitled to monetary and other remedies. An employer may be required to take certain actions to correct or redress discriminatory harassment or violations of workplace safety standards. Potential remedies are listed below.
- Compensation for lost wages and benefits
- Damages for injury to dignity or feelings
- Cease and desist orders
The information contained on this page is for informational purposes only.
It does not, and is not intended to, constitute legal advice.