The Convention on the Elimination of All Forms of Discrimination against Women ("CEDAW"), ratified by Mexico in 1981, establishes an international framework to eradicate discrimination against women in all areas, including the workplace. This treaty, in addition to being an ethical and political commitment, has concrete legal implications that transform the way in which companies and organizations must operate in Mexico.
CEDAW provisions that are integrated into the Mexican legal framework.
The ratification of the CEDAW obliges the Mexican State to incorporate the principle of equality and non-discrimination in its labor legislation. Among the main regulations that reflect this commitment are:
Federal Constitution. México Constitution provides equality as a fundamental right in Article 1, which prohibits discrimination based on gender, ethnic origin, age, and disability, among other factors, and also in Article 123, which recognizes universal labor rights and ensures equal working conditions for men and women.
Federal Labor Law ("LFT"). The LFT establishes multiple provisions related to gender equality, such as equal pay enshrined in Article 86, which states that equal work must correspond to equal pay, regardless of gender. Likewise, Article 3 prohibits labor discrimination based on gender and promotes equal opportunities. Article 170 protects pregnant workers with pre- and post-natal leave and breastfeeding breaks, and Article 47 includes sexual harassment as a cause for termination of the contract, protecting the victims.
General Law for Equality between Women and Men ("LGIMYH"). It establishes guidelines to guarantee substantive equality in the workplace, obliging employers to offer equal conditions free of discrimination.
NOM-035-STPS-2018. This official Mexican standard regulates psychosocial risk factors in workplaces by requiring policies to prevent workplace violence and harassment, problems that undoubtedly disproportionately affect women.
Legal implications for companies.
Compliance with these regulations is not optional; thus, Mexican companies are subject to inspections, economic sanctions and possible labor litigation if they fail to comply with provisions related to gender equality. The main legal implications include:
Responsibility in the face of employment discrimination. Companies have the obligation to guarantee equal access to employment, salaries and professional development opportunities. Situations of gender discrimination such as refusing to hire pregnant women or assigning them lesser responsibilities may result in fines and lawsuits before the Conciliation and Arbitration Board (Labor Courts).
Mandatory protocols against sexual harassment. The LFT and the General Law on Women's Access to a Life Free of Violence ("LGAMVLLV") require companies to implement protocols to prevent, address and sanction cases of workplace harassment. As mentioned above, not having these tools in place can generate administrative liabilities and reputational damage. For more on this topic, see our article "The importance of due compliance with employer obligations".
Certifications and accreditations. Accreditations and certifications that are voluntary, such as the NMX-R-025-SCFI-2015 certification on labor equality and non-discrimination may be required in public tenders and are valued by clients and investors.
Recommendations and business strategies to comply with Mexican legislation.
To align with the Mexican legal framework and CEDAW obligations, companies must adopt practices that promote healthy and equitable work environments based on merit:
Equality audits. Conduct internal evaluations to identify possible salary gaps, biases in hiring processes or inequalities in promotions.
Protocols against workplace violence. Develop and implement clear protocols for the prevention and attention of cases of harassment and discrimination. This includes anonymous reporting lines and staff training at all levels.
Work-family reconciliation policies. Introduce flexible schedules, teleworking, and benefits such as childcare, paternity leave and extended maternity leave.
Training and awareness-raising. Training staff on issues such as gender equality and prevention of harassment.
Obtaining certifications. Obtain NMX-R-025-SCFI-2015 or similar certifications to demonstrate commitment to equality and build trust among employees and business partners.
Challenges and opportunities.
Compliance with these regulations is not optional; thus, Mexican companies are subject to inspections, economic sanctions and possible labor litigation if they fail to comply with provisions related to gender equality. The main legal implications include:
Responsibility in the face of employment discrimination. Companies have the obligation to guarantee equal access to employment, salaries and professional development opportunities. Situations of gender discrimination such as refusing to hire pregnant women or assigning them lesser responsibilities may result in fines and lawsuits before the Conciliation and Arbitration Board (Labor Courts).
Mandatory protocols against sexual harassment. The LFT and the General Law on Women's Access to a Life Free of Violence ("LGAMVLLV") require companies to implement protocols to prevent, address and sanction cases of workplace harassment. As mentioned above, not having these tools in place can generate administrative liabilities and reputational damage. For more on this topic, see our article "The importance of due compliance with employer obligations"
Certifications and accreditations. Accreditations and certifications that are voluntary, such as the NMX-R-025-SCFI-2015 certification on labor equality and non-discrimination may be required in public tenders and are valued by clients and investors.
Challenges and opportunities.
Although Mexico has made significant progress in implementing its obligations under the CEDAW, challenges remain in the country, such as gender pay gaps, low representation of women in senior management positions, and the prevalence of harassment and workplace violence.
However, companies that adopt these measures not only avoid legal risks, but also benefit by improving their reputation, attracting the best talent and increasing their competitiveness in an environment that increasingly values the merits and contributions of the female sector. Prevention tasks are key to avoiding incidents that could damage the company's reputation or even result in fines from the authorities.
Conclusion.
CEDAW has been a key catalyst for the development of gender equality policies in Mexico, and its impact in the labor sphere is undeniable. Complying with the legal provisions derived from this treaty is not only an obligation for companies, but an opportunity to build better working environments. The effective implementation of these measures will allow not only to respect women's rights, but also to transform organizational dynamics towards a more efficient and prosperous future.
Our labor law practice team has years of experience in preventing these types of incidents.
At our firm, we are proud to have a dedicated practice group composed entirely of highly skilled women. These experts specialize in helping companies comply with the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). Our team is adept at conducting thorough internal investigations and providing comprehensive legal guidance to ensure that your organization adheres to the highest standards of gender equality and anti-discrimination practices. With their extensive experience and deep understanding of CEDAW, our practice group is committed to fostering a safe and equitable workplace for all.
If you need more information, please write to us at contacto@dha.mx
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