Summary
In Mexico, discrimination laws in labour matters are not extensively developed. The FLL states that no worker may be discriminated against on the grounds of race, nationality, gender, age, disability, religion, migratory condition, health, sexual orientation, religion, sexual preferences, political opinion or social status.
Article 3 of the FLL establishes as a general principle, among other matters, that: ‘any distinction made against employees based on race, nationality, sex, age, disability, religion, migratory condition, health, sexual orientation, religion, political affiliation or social status is strictly prohibited’.
Article 132, VI further requires employers to: ‘treat employees with due consideration and avoid mistreatment by word or conduct’, while Article 133, Section I prohibits employers from: ‘refusing employment (to an applicant) based on age or gender’. Article 164 provides that: ‘women have the same rights and obligations as men’.
The Federal Law to Prevent and Eliminate Discrimination prohibits any discriminatory practice that infringes on the principle of equal opportunity. The federal government’s interpretation of this law must be consistent with international treaties on discrimination to which Mexico is a party.
Notwithstanding the above stated laws and legal provisions; there are no stipulations with respect to concrete sanctions or legal actions, should the employer incur in discriminatory acts. Therefore, regardless of the existence, in paper, of these laws and provisions, the lack of enforcement thereof represents a standstill in the evolution of non-discriminatory legislation in Mexico.
Furthermore, recent legislative reforms enacted in 2025–2026 have significantly strengthened Mexico’s anti-discrimination framework by incorporating the concept of substantive equality (“igualdad sustantiva”) across multiple statutes, including the Federal Labour Law. These reforms establish a broader obligation for employers to promote equal treatment and opportunities between women and men, ensure workplaces free from discrimination and violence, and actively implement measures to prevent, address and eradicate gender-based violence. In particular, employers are now required to foster working environments free of discrimination and violence and to provide training to their workforce aimed at preventing workplace violence, especially against women, as well as promoting awareness of equality and non-discrimination principles. These developments reflect a shift from a merely declarative framework toward a more proactive compliance model, aligned with constitutional principles, human rights standards, and international treaties to which Mexico is a party.
Protections Against Harassment
The General Law for the Equity of Men and Women aims to regulate and guarantee gender equality. It sets up the guidelines and mechanisms for the fulfilment of equality in the public and private sector, by encouraging women’s empowerment. Federal and state criminal codes have established harassment as an offence. Under the Criminal Code for the Federal District, it is an offence for any person to harass another person repeatedly for sexual purposes. Also, the FLL in Article 3 Bis states the definition for workplace harassment and sanctions the action as a just cause termination. The FLL in its Article 685 Ter protects those employees who have suffered any harassment and/or discrimination during their employment from fulfilling the prejudicial Conciliatory Hearing, this with the intent to protect victims from facing their aggressor.
Also, companies should have in place Non-Discrimination and Anti-harassment protocol to be fully compliant with the labour, employment and discrimination laws.
Additionally, in line with recent reforms on substantive equality and the strengthening of protections against workplace violence, employers are now expected not only to adopt internal non-discrimination and anti-harassment policies, but also to actively implement preventive measures. This includes the obligation to provide periodic training and awareness programs for workers on workplace harassment, discrimination, and gender-based violence, as well as to promote reporting mechanisms and a culture of zero tolerance. These training obligations are increasingly considered by the authorities as a key element of compliance during labour inspections, particularly in light of the enhanced focus on gender perspective and the prevention of workplace violence.
Employer’s Obligation to Provide Reasonable Accommodations
In August 2009, the General Law for the Inclusion of Persons with Disabilities was published. This law states that those with a disability must be included in society on equal grounds. Nonetheless, the FLL does not provide anything specific regarding disability discrimination, except that it falls into the general discrimination prohibited by the FLL. In order to promote equity and diversity within the workplace, the FLL establishes the obligation for employers with more than fifty employees to have appropriate facilities for the performance of the services of employees with disability.
Additionally, as of January 15, 2026, amendments to the Federal Labour Law introduced an express obligation for employers to promote and maintain workplaces free from violence and discrimination, including providing training to their personnel to prevent and eliminate violence, particularly violence against women.
Remedies
Employers who violate any of the anti-discrimination provisions shall be subject to a fine of 250 up to 5,000 times the UMA in effect. Article 1916 of the Federal Civil Code (FCC) states that a person must be indemnified in cash for ‘moral damages’ when he is affected in his feelings, affections, beliefs, honour, reputation, private life, shape and physical appearance, or in the consideration that others have of such person. Furthermore, the same provision assumes that moral damage exists when a person’s freedom or physical or psychological integrity is violated or diminished. Despite this assumption, in practice it is difficult to prove the essential elements of the action that causes moral damage, taking into consideration its subjectivity.
Due to the ratification of the USMCA, Canada and the United States created annex 31-A and 31 -B where they established Rapid Response Mechanisms as dispute resolution in case there is a violation to the freedom of association and collective bargaining right for employees under a covered facility. In this sense, if the authority decides that there is indeed a violation of such rights, then a remediation agreement should be drafted, ratified and applied to the Company not the State.
Internal Dispute Resolution Process: Companies may have internal dispute resolution processes; however, they are not mandatory, as the parties will always be entitled to raise their actions with the Labour Courts.
Mediation and Conciliation: There is no mediation foreseen under Mexican labour regulations, nevertheless due to the Labour Reform there is a prejudicial conciliatory hearing that should fulfilled prior to filing a claim, as this is a requisite and may be waived in cases of discrimination and harassment.
Arbitration: Arbitration is performed by the Conciliation and Registration Centre, as it is not possible for the parties to agree to a third-party arbitration. For a labour-related ruling to be enforceable, it must be issued by the competent labour authority or a Court of Appeals. Also, if there is a Rapid Response Mechanism, then labour panels may be created in order to resolve disputes that may arise under the terms and conditions of the Rapid Response Mechanism and if a panel is formed, the three independent and impartial arbitrators on the panel may request a site visit to the disputed workplace to provide further evidence to resolve the dispute.
Litigation: Labour Courts are the judicial agencies in charge of solving labour disputes. When dealing with individual litigation cases, a Court will encourage the parties to reach a settlement agreement before the actual proceedings take place. If the parties refuse to reach an agreement, the Court will initiate the process; however, the parties may reach an agreement at any moment before the final award is issued.
Fines, Penalties and Damages: The Social and Welfare Department can impose fines of different amounts on employers for breach to the FLL.
Other Requirements
For any employer, at least 90% of its employees must be Mexican nationals. In addition, all technical and professional employees must be Mexican nationals, unless there are no Mexican nationals qualified in a particular specialized field, in which case the employer is allowed to temporarily employ technical and professional foreign nationals, but in a proportion not exceeding 10% of those working in the relevant field of specialization. Also, all physicians, railway employees and employees on a Mexican-flagged ship must be Mexican nationals, Mexican civil aviation crews must be Mexican by birth. The recruiting, screening and hiring process is the same as for nationals; however, foreign employees must have a valid work permit before being hired.
