Mexico: Bill to Prevent Employment Discrimination Against Individuals Over the Age of 40
The proposal seeks to eradicate age-based employment discrimination, commonly referred to as ageism, a phenomenon that undermines the economic stability of thousands of individuals who are at the height of their professional capabilities. Ageism is defined as a set of prejudices and stereotypes based on age. It constitutes a social construct that perpetuates exclusionary practices against a segment of the population deemed “vulnerable” or “unproductive.” According to data from a 2022 survey conducted by Mexico’s National Institute of Statistics and Geography (INEGI), most individuals over the age of 40 face difficulties in securing employment opportunities. This practice has persisted for years and is not an isolated issue within Mexico; rather, it is a challenge affecting workers worldwide, with broad-ranging consequences and manifestations.
Content of the Proposed Reform
To address this issue, a bill was introduced before the Chamber of Deputies proposing amendments to the Federal Law to Prevent and Eliminate Discrimination and the Federal Labor Law, as follows:
Decree amending Article 1, Section III, Article 1, Section III Bis, Subsection (c), and Article 15 Octavus of the Federal Law to Prevent and Eliminate Discrimination and amending Article 3 Bis and adding Subsection (c), as well as Article 132, Section XXXI, of the Federal Labor Law.
Federal Law to Prevent and Eliminate Discrimination
Current Text
Article 1.
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III. Discrimination: For purposes of this Law, discrimination shall mean any distinction, exclusion, restriction, or preference that, by act or omission, whether intentional or not, lacks an objective, reasonable, or proportional basis and has the purpose or effect of hindering, restricting, preventing, impairing, or nullifying the recognition, enjoyment, or exercise of human rights and freedoms when based on one or more of the following grounds: ethnic or national origin, skin color, culture, sex, gender, age, disabilities, social or economic status, physical or mental health condition, legal status, religion, physical appearance, genetic characteristics, migration status, pregnancy, language, opinions, sexual preferences, political identity or affiliation, marital status, family situation, family responsibilities, language, criminal records, or any other ground.
…
III Bis.
- a) to b) …
- c) Structural or systemic discrimination: Refers to the set of norms, rules, routines, patterns, attitudes, and behavioral guidelines that give rise to a generalized situation of inferiority and exclusion against a group of people and that are perpetuated over time.
- d) …
IV to X. …
Proposed Text
Article 1.
…
III. Discrimination: For purposes of this Law, discrimination shall mean any distinction, exclusion, restriction, or preference that, by act or omission, whether intentional or not, lacks an objective, reasonable, or proportional basis and has the purpose or effect of hindering, restricting, preventing, impairing, or nullifying the recognition, enjoyment, or exercise of human rights and freedoms when based on one or more of the following grounds: ethnic or national origin, skin color, culture, sex, gender, age established as an unjustified limitation in recruitment, selection, or employment retention processes, disabilities, social or economic status, physical or mental health condition, legal status, religion, physical appearance, genetic characteristics, migration status, pregnancy, language, opinions, sexual preferences, political identity or affiliation, marital status, family situation, family responsibilities, language, criminal records, or any other ground.
…
III Bis.
- a) to b) …
- c) Structural or systemic discrimination: Refers to the set of norms, rules, routines, patterns, attitudes, and behavioral guidelines that give rise to a generalized situation of inferiority and exclusion against a group of people, particularly individuals over the age of forty in the workplace, and that are perpetuated over time.
- d) …
IV to X. …
Article 15 Octavus
Current Text
No corresponding provision.
Proposed Text
Affirmative action measures shall guarantee the labor inclusion of individuals over the age of forty, including training programs and workforce reintegration initiatives.
Federal Labor Law
Article 3 Bis
For purposes of this Law, the following terms shall have the meanings set forth below:
- a) …
- b) …
- c) Ageism: The existence of stereotypes, prejudice, and discrimination against individuals based on their age with respect to obtaining employment.
Article 132 – Employers’ Obligations
XXXI. To implement labor inclusion policies for individuals over the age of forty, including continuous training opportunities and non-discrimination measures in promotion processes; and, in agreement with employees, to establish a protocol for preventing gender-based discrimination and addressing cases of violence, sexual harassment, and workplace harassment, as well as eradicating forced and child labor.
XXXII to XXXIII. …
Transitory Provisions
First. This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation.
Second. The Federal Executive Branch, through the Ministry of Labor and Social Welfare (STPS), in coordination with the Federal Attorney’s Office for Labor Defense (PROFEDET), the National Employment Service (SNE), and other competent labor authorities, and, regarding discrimination prevention matters, through the Ministry of the Interior (SEGOB) and the National Council to Prevent Discrimination (CONAPRED), shall implement the necessary amendments to issue or update the Official Mexican Standards (NOMs) establishing the technical specifications required to identify, prevent, and sanction ageism-related practices within a period not exceeding 180 calendar days following the entry into force of this Decree.
Third. The legislatures of the Mexican states shall amend their local labor legislation within a period not exceeding 365 calendar days following the publication of this Decree in order to harmonize such legislation with the provisions set forth herein.
