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Archived News Release--Caution:
information may be out of date.
For more information call: (202) 219-6373
Secretary of Labor Alexis M. Herman has requested
consultation with her Mexican counterpart, Javier Bonilla, Minister of Labor
and Social Welfare, on a complaint filed under the NAFTA labor side agreement,
which alleges pregnancy discrimination in employment in Mexico's maquiladora
sector along the U.S. border.
The Labor Department's National Administrative Office
(NAO), which is responsible for implementing the labor side agreement, today
recommended that Herman engage her Mexican counterpart in ministerial
consultations on gender discrimination in employment in Mexico. The
recommendations are included in the NAO's report on the review of allegations
of job discrimination against pregnant women in Mexico's maquiladora sector.
Three human rights groups -- Human Rights Watch, the
International Labor Rights Fund and the National Association of Democratic
Lawyers of Mexico -- filed the complaint with the NAO under provisions of the
North American Agreement on Labor Cooperation (NAALC), the labor side agreement
to NAFTA. The complaint included allegations that: Maquiladora employers
require pregnancy tests for female job applicants; some employers mistreat or
discharge pregnant employees; Mexico does not enforce its own laws or provide
access to labor law tribunals or recourse to other protections.
Upon accepting the report, Herman said, "This is a serious
issue, and we need to consult with Mexico as to implementation of its
employment discrimination laws. At the same time, I am most gratified that this
subject is on the table, open to public scrutiny and review. This is exactly
the kind of consideration that was intended in adoption of the NAFTA labor side
agreement. The process is working and working well."
The NAO review included staff analysis of Mexican law and
international conventions, discussions with Mexican government officials,
review of materials submitted by interested parties and a public hearing held
in Brownsville, Texas. Among others, female workers from Mexican maquiladora
plants testified at that hearing.
The NAO found that the Mexican constitution and federal
labor law prohibit gender discrimination. Nevertheless, pre-employment
pregnancy screening is practiced in the maquiladora sector and the Mexican
government is aware of this. However, there are differing opinions within
Mexico on the legality of such testing. The NAO also found that post-hire
pregnancy discrimination in employment occurs; that it violates Mexican law;
and that additional efforts should be directed toward awareness programs for
women workers on the protection they are afforded by law and the means by which
they may seek relief.
The complainants charged that the reasons for such
discrimination are economic. Mexican law guarantees financial and medical
support for pregnant workers and employers also are required to provide
maternity benefits. Specifically, the human rights groups alleged that Mexico
violated the NAALC by not effectively enforcing its domestic labor laws and by
not affording access to Conciliation and Arbitration Boards, which are the
tribunals that enforce labor law and provide recourse to protection for
workers. In addition, the complainants contend that Mexico violated both the
spirit and the letter of the NAALC and of international law, including ILO
Convention 111 and the Convention on the Elimination of All Forms of
Discrimination Against Women. Annex 1 of the NAALC commits the NAFTA signatory
countries to elimination of employment discrimination based on race, religion,
age, sex and other grounds.
Archived News Release--Caution:
information may be out of date.
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