Summary
Labour Law No. 20,744 as well as Law No. 23,592 and international treaties entered into by Argentina, prohibit discrimination. If an employee is discriminated against because of race, religion, age, gender, disability or political or union activities, the employer’s action can be declared null or void and the employer can be ordered to both reinstate the dismissed employee and compensate the employee for any damages caused. As far as labour conditions are concerned, the law obliges the employer to give the same benefits/salary to employees within the same category and seniority.
Protections Against Harassment
The employer is obliged to keep a safe working environment, including preventing and protecting employees against physical and psychological damages caused by discrimination. The employer could not only be ordered to protect an employee, but can also be held liable for any damages suffered by the employee due to discrimination.
Employer’s Obligation to Provide Reasonable Accommodations
Employers are obliged to provide reasonable access to disable employees, such as employees in wheelchairs.
Remedies
Employees who are discriminated against can assert unequal treatment, claiming payment of salary variances or to be granted the same benefits. In case of termination due to discrimination, the employee is entitled to claim tort damages and even reinstatement at work, and have the discriminatory act declared null and void.
Additional severance is provided for dismissed employees recently married or pregnant. Union delegates cannot be dismissed while they hold office and for one year thereafter. In the case of dismissal, the union delegate may claim the reinstatement or consider himself/herself dismissed on a constructive basis and claim payment of severance compensation plus pending salaries until the expiration of his period, plus an additional severance equal to 13 salaries.
In the event of a dismissal of an employee who is ill, the employee can either claim reinstatement or be paid severance compensation, plus the pending salaries until the expiration of the paid sick certificate, plus tort damages.
