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04. Anti-Discrimination Laws

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Peru

04. Anti-Discrimination Laws

Summary

  1. Brief Description of Anti-Discrimination Laws

The Political Constitution of Peru establishes that no one should be discriminated against for reasons of origin, race, sex, language, religion, opinion, economic condition or any other reason.

Law N° 30709 prohibits remunerative discrimination between men and women by means of positions, functions and salaries that prevent the execution of the principle of equal remuneration for labour equity. It also indicates that companies must have categories and functions charts.

  1. Extent of Protection

Employers are prohibited from discriminating against any candidate/employee during the hiring process and employment relationship for any reason, including but not limited to sex, origin, race, colour, marital status, family status, disability, professional rehabilitation and age. Employers should avoid any practice, such as requesting non-pregnancy certificates from women or health certificates from employees and, in general, any practice that may imply a distinction between two or more people applying for the same job.

Protections Against Harassment

In Peru, Law N° 27942 “Law on the Prevention and Punishment of Sexual Harassment” is intended to prevent and punish sexual harassment produced in relationships of authority or dependency, whatever the legal form of this relationship. Likewise, when it occurs between people regardless of hierarchy, status, grade, position, function, remuneration level or similar.

Employer’s Obligation to Provide Reasonable Accommodations

Law No. 29973 “General Law of Persons with Disabilities” establishes the purpose of establishing the legal framework for the promotion, protection and realisation, under conditions of equality, of the rights of persons with disabilities, promoting their development and full inclusion and effective in political, economic, social, cultural and technological life.

In this sense, the aforementioned law establishes the employment quota that private companies and public entities must meet; With respect to private companies that have more than fifty workers, they must comply with a proportion of no less than 3% and with respect to public entities, they are obliged to hire people with disabilities in a proportion of no less than 5%.

Remedies

N/A

Any questions

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