The Persistent Problem of Ageism Despite Legal Prohibition
Although age discrimination, or edadismo, is illegal in Mexico according to the Constitution and the Federal Labor Law (LFT), it remains a persistent issue in the labor market. This situation highlights the legal loopholes that still exist and the lack of effective mechanisms to eradicate this problem.
The Constitution and the LFT explicitly forbid discrimination, stating that dignified work should be free from any exclusion. However, the legal framework does not delve into how ageism manifests in practice, making it difficult for victims to identify edadismo.
Impact Across Generations
Mayeli Cabral, a labor law specialist at Chevez Ruíz Zamarripa, explains that age discrimination affects all generations, making it “less evident” but no less serious. She adds that while companies cannot reject candidates based on age, this practice is often disguised as being “overqualified” or lacking “adequate experience,” an issue the LFT does not address effectively.
Age-Based Job Requirements
It is common to find job postings specifying an age range as a requirement, such as “seeking candidates between 26 and 35 years old.” Sofía Gómez Bautista, a partner at Assembla Law, notes that some companies prefer not to hire individuals over 50 due to prejudices like the belief they are more prone to illness, have lower productivity, or are nearing retirement, which contradicts the principles of diversity and inclusion.
What’s Missing in Mexican Labor Legislation to Eradicate Ageism?
Mayeli Cabral emphasizes the need to amend the LFT so that authorities, in collaboration with the private sector, can conduct inspections and monitor compliance with good labor practices in hiring vulnerable groups. “We need effective oversight,” she stresses.
Although the current legal framework includes the Anti-Discrimination Law and Norma 025, experts argue that it serves more as a compliance tool rather than addressing the problem in-depth.
The Role of Norma 025
Sofía Gómez Bautista explains that Norma 025 is a good starting point for inclusion, as it offers certification to companies with diversity policies. However, she laments that it is not mandatory and lacks specific guidelines, discouraging organizations from adopting it.
Legislative Inaction
Experts remind us that legislative initiatives have been proposed to eliminate age as a hiring requirement, but these proposals have not materialized. Consequently, Mexico’s labor legislation has fallen short in combating ageism.
Combatting Age Discrimination
Mayeli Cabral warns that the digital divide could exacerbate age discrimination. To counteract this, she recommends that companies design awareness campaigns, improve hiring practices, and train their teams on inclusion topics.
She suggests that the government should encourage organizations investing in hiring and training talent of all ages. She also mentions legislative proposals to make it mandatory for companies to include older adults on their payroll, suggesting “5% could work,” but notes that without enforcement, companies may ignore these measures.
Structural Reform of the LFT
Sofía Gómez Bautista advocates for a structural reform of the LFT to include an affirmative action measure, making it obligatory for companies to hire a certain percentage of older adults. She also proposes promoting publicity campaigns on the importance of inclusion and investing in technological training for older adults, emphasizing that criteria should focus on generations rather than years.
Worker Responsibility
Experts agree that workers also have a responsibility to report any form of violence, especially discrimination. Mayeli Cabral asserts that while proving ageism in court can be complex, it is crucial to raise awareness. She also suggests that workers implement strategies like blind recruitment, focusing on skills rather than age or photographs.
The Secretaría del Trabajo y Previsión Social (STPS) could create a mandatory and free online portal with courses for employers and employees, helping detect and classify discriminatory behaviors through training programs.
“Now is the time to act from a legislative perspective, with public policies from the government and private policies from companies that address this issue, raise awareness, and take action as a matter of social responsibility because there is a point where the gap opens,” Cabral concludes.
Key Questions and Answers
- What is edadismo? Edadismo, or age discrimination, refers to the unfair treatment of individuals based on their age in the workplace.
- Why is edadismo a problem despite legal prohibition? Legal loopholes and the lack of effective mechanisms for monitoring compliance with anti-discrimination laws allow edadismo to persist.
- How does age discrimination affect different generations? Age discrimination impacts all generations, though it may be less evident for some.
- What is the role of Mexican labor legislation in addressing edadismo? Current legislation lacks effective mechanisms for monitoring compliance and addressing age discrimination in practice.
- What measures can be taken to combat edadismo? Companies should design awareness campaigns, improve hiring practices, and train employees on inclusion. Governments should encourage organizations to invest in diverse talent and consider structural reforms to labor laws.
