Discrimination on the Border

By Tricia Bair
Email: tabair@u.arizona.edu

Introduction

For over 250,000 women that work in Mexico’s maquiladora sectors the lack of enforced labor laws is a harsh reality. They are discriminated against because of their gender. The Mexican government fails to recognize and enforce the labor laws that protect women from pregnancy testing and other discriminatory treatment.

Unfortunately, this isn’t the only problem. The companies that own these factories are also to blame for their lack of interest in their employees’ rights. The Mexican government fails to recognize the problem and so do the owners of these maquiladoras.

Why does Pregnancy Discrimination occur?

There are many reasons that pregnancy discrimination occurs. Most of them are financially related. Many employers of maquiladoras say that they do not hire pregnant women because “they want to avoid the cost of maternity benefits (HRW).” Under Mexico’s federal labor code pregnant workers are allowed 6 weeks paid maternity leave before birth and 6 weeks after. While on maternity leave, women have the right to keep their jobs as well as the other rights they have acquired under their labor contract. Maquiladora operators also claim that women are “not really seeking work, but company funded maternity benefits (HRW).” Maquiladora employers also state that “paying for an employee that is on maternity leave and not working isn’t a financially sound arrangement for a company (HRW).”

Pregnancy discrimination not only violates Mexico’s Constitution and Federal Labor codes but also many international laws as well. The Mexican government has signed and agreed to follow rules of the International Labor office, which prohibits pregnancy as a form of sex discrimination. Mexico is also a partner in the North American Free Trade Agreement that governs the North American Agreement of Labor Cooperation (NAALC), which obligates Mexico to promote the elimination of sex discrimination (ILAB Press Release).

Under NAFTA, Mexico voluntarily signed an agreement to the NAFTA labor rights side agreement. This agreement allows all signatories to have their labor practices reviewed by other NAAFA parties. This also allows all allegations to be analyzed by the NAO and committees to be formed to work with countries to resolve their labor problems (HRW).
As it was shown, Mexico has many severe problems with gender discrimination in the maquiladora sector. These women have the right to work and be treated equally without the humiliation of frequent pregnancy testing and the verbal and physical abuse put on them by their supervisors. It should be the Mexican government’s job to uphold the constitution and Federal Labor Code.

However, since they [government] aren’t, the responsibility falls on the owners of the maquiladora processing plants. It is up to them to work with the factory supervisors and managers to ensure a fair workplace. With help, the maquiladoras, and other places of employment in Mexico will be a safe, fair workplace for women.

What is Pregnancy Discrimination?

According to the Human Rights Watch, pregnancy discrimination is defined as, ”sex discrimination based on pregnancy status. It occurs when a potential employer requires a woman applicant to reveal her pregnancy status, refuses to hire her because she is pregnant or is planning to become pregnant, or when an employer mistreats or abuses women workers that are pregnant because they are pregnant

Common Practices of Pregnancy Discrimination

Questions on the application of pregnancy status
Answering questions during the interview process about menstrual cycles, use of contraception, or sexual activity
Warnings by human resources or personnel managers that the company doesn’t hire pregnant women
Obligation of signing a contract that promises resignation on occurrence of pregnancy
Submitting to a pregnancy test in the form of a physical exam or the requirement of providing a doctor or nurse with a urine specimen
Plant supervisors force overtime, physically dangerous or demanding work, or verbally assault or harass employees that are pregnant
Employer forces resignation, decreases pay or changes position if the employee becomes pregnant

Mexico’s Labor Laws (Abbreviated)

Article 4: Men and Women are equal before the law and each person has a right to decide the number and spacing of her children
Articles 3, 56, 164: These articles prohibit the distinction among workers based on sex, and states that women have the same rights as men
Article 123: This article guarantees that pregnant women have the right to work in a safe environment, and prohibits employers from forcing pregnant women to work in jobs that are dangerous to their health in relation to their fetus.
In addition to these articles listed there are numerous maternity benefits that women have rights to.

For the Mexican Constitution in full, go to
http://info.juridicas.unam.mx/cnsinfo/fed00.htm

Works Cited

Corporate Crime Reporter, “Mexico’s Maquiladoras Abuse Women, Report Finds; October 21, 1996.

Human Rights Watch: U.S. and Mexican Groups Urge the U.S. to Oppose Sex Discrimination in Mexico; January 15, 1998.
http://www.hrw.org/campaigns/wrp-updt.htm

ILAB Press Release: Labor Department to Review Employment Discrimination Allegations in Mexico; July 7, 1997.
http://gatekeeper.dol.gov/dol/opa/public/media/press/ilab/ila97236.htm

International Networking, “Maquiladoras.” May 12, 1996

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