On May 17, 2022, a Resolution amending articles 1 and 9 of the Federal Law to Prevent and Eliminate Discrimination (LFPED) was published in the Federal Official Gazette (DOF).

Therefore, currently, with regard to section III of article 1, it is established that for the purposes of the LFPED, discrimination shall be understood as any distinction, exclusion, restriction or preference that, by action or omission, intentionally or unintentionally, is not objectively rational or proportional and has the purpose or result of hindering, restricting, preventing, undermining or nullifying the recognition, enjoyment or exercise of human rights and freedoms, when it is based on one or more of the following reasons: the ethnic origin or national origin, skin color, culture, sex, gender, age, disability, social, economic, physical or mental health, legal status, religion, physical appearance, genetic characteristics, immigration status, pregnancy, language, opinions, sexual preferences, political identity or affiliation, marital status, family status, family responsibilities, language, criminal record or any other reason.

On the other hand, article 9 sections XXX, XXXI and XXXII, in force, establishes that are considered as discrimination, among others:

* To deny the provision of financial services to people with disabilities and elderly adults or due to physical or mental health conditions.

* To disseminate, without the consent of the aggrieved person, information about his or her physical or mental health condition and history, or about any other sensitive personal data.

* To stigmatize and deny rights to people with HIV/AIDS, or any physical or mental health condition.

The aforementioned Resolution entered into force as of the day following its publication in the DOF, that is, on May 18, 2022.

This amendment takes on special relevance because it goes hand in hand with the regulation of non-discrimination in the workplace, which is established in NOM-R025-SCFI-2009 (the Official Standard), for labor equality between women and men.

Lets remember that the Official Standard was established in order to evaluate and certify practices in terms of labor equality. Therefore, what the Ministry of Labor and Social Welfare (STPS) seeks is to promote a work culture in which gender, age, disability, health status or any other condition are not an obstacle to labor inclusion and non-discrimination in the workplace.

It is worth mentioning that companies shall also be careful with the advertisements they place requesting candidates to recruit personnel, since the aforementioned amendment is very extensive in terms of situations that imply discrimination. Therefore, if companies do not be careful with the language included in such advertisements, they could even face lawsuits for this reason.

In addition to the above, it is very likely that certification in the Official Standard will soon become mandatory for companies, so the authorities will begin to carry out inspections to verify proper compliance. For this reason, all companies shall be prepared with plans and actions that reflect its observance.

At Trejo Gutiérrez Abogados, we have a group of experts in labor matters with more than 20 years in the market. Please do not hesitate to contact us, we will be glad to provide the personalized legal advice that you require.