Argentina: Equal Treatment and Access to Employment in Buenos Aires

On 25 November 2021, the City of Buenos Aires (capital of Argentina) approved a law that prohibits employers from requiring candidates to provide information related to age, race, ethnicity, religion, nationality, ideology, political opinion, view of trade-union, sex, gender, marital status, economical position, social condition, physical characteristics, disabilities, residence, family responsibilities or criminal records, and any other information that is not essential for the purposes of the job search.

The law aims to promote equal opportunities in the identification of talent, recruitment and access to employment in conditions of equity and non-discrimination. The law is mandatory for all public and private employers in the City of Buenos Aires. Employers cannot request applicants to send resumes including photographs.

To avoid any discrimination, job offers cannot include an age range as a condition for accessing a job interview, or make distinctions based on the criteria set forth above. Employers who breach these prohibitions face sanctions that make attendance at discrimination prevention training mandatory.

Key Action Points for Human Resources and In-house Counsel

We suggest reviewing the hiring policies and procedures of companies domiciled in the City of Buenos Aires in order to comply with this rule.