Why is a Pay Equity Law Necessary? A Strategic Approach for Human Resources

Web Editor

September 29, 2025

a couple of figurines sitting on top of a pile of coins with a sky background and a gray sky, Allaer

How much longer will we accept that, for the same work, women earn less than men in Mexico? The question is uncomfortable but necessary. It’s not just about numbers or statistics; it’s a tangible reality that erodes trust, productivity, and the future of organizations.

The Proposal: A New Legal Framework

The discussion of a new law to close the gender pay gap requires a strategic approach in Human Resources. A change of this magnitude will benefit both employers and employees.

The initiative led by Diputada Julia Arcelia Olguín Serna (Morena) proposes a paradigm shift in Mexican labor legislation. Although the Federal Labor Law already prohibits gender discrimination, practical progress has been limited. The data confirms this: women earn on average 25% less than men, according to INEGI figures.

The new law sets concrete obligations for employers:

  • Guarantee equal pay for work of equal value.
  • Conduct periodic salary audits, at least every two years.
  • Mandatory equal pay plans in centers with more than 50 employees.
  • Transparent salary systems including wage records and position valuation systems.
  • Prohibition of asking for salary history from candidates.
  • Equal pay certification as a distinguishing feature for compliant companies.
  • Retroactive payment in case of proven salary discrimination.

The Secretariat of Labor and Social Prevision will oversee compliance, while the Women’s Secretariat will design technical guidelines for audits. The deadline: one year from enactment for companies to catch up.

Human Resources: From Compliance to Strategy

In this context, it’s confirmed once again that the role of the Human Resources team moves from being merely operational to becoming a strategic advisor to the Board of Directors and General Management through:

  1. Initial diagnosis: internal salary and benefits audits, comparing remuneration by position, responsibilities, and results.
  2. Design of transparent salary policies: establishing objective compensation criteria based on performance, competencies, and results.
  3. Integral action plan: corrective measures in case of detected gaps, including salary adjustments, tabular updates, and review of recruitment and promotion practices.
  4. Training and awareness: training programs for executives, middle management, and employees focusing on equity culture and non-discriminatory practices.
  5. Certifications management: obtaining the equal pay certification, which will be a distinguishing feature and active reputational asset to attract talent and strengthen the employer brand.
  6. Accompaniment to the Board and Management: providing clear data and metrics on the state of pay equity in the organization, proposing risk and opportunity scenarios.
  7. Building trust: ensuring employees have access to clear information about their rights and remuneration, thus strengthening the labor climate and talent retention.

Beyond Compliance: Real Benefits

Implementing the Pay Equity Law should not be viewed as a cost but rather as a strategic transformation lever that generates value for both the company and its employees.

Benefits for the Company

  • Attracting and retaining high-level talent: In an increasingly competitive labor market, companies demonstrating commitment to equal pay become preferred destinations for highly qualified professionals. A transparent compensation policy is an attractant for young, diverse talent.
  • Productivity and commitment: International studies confirm that when people perceive fairness and equity in their salaries, organizational commitment increases. This translates into higher productivity, innovation, and willingness to collaborate on strategic projects.
  • Reputation and competitive advantage: Obtaining the official equal pay certification elevates the company’s standing among clients, investors, and strategic allies. It’s more than just legal compliance; it’s a clear message of social responsibility and corporate governance.
  • Risk management and litigation reduction: Proactive policies prevent penalties, negative inspections, and discrimination lawsuits. A clear compensation policy reduces legal and financial exposure, safeguarding the organization’s stability.
  • Solid organizational culture: Equal pay strengthens a sense of belonging, translating into lower turnover and a labor environment where individuals feel valued for their work rather than personal characteristics.
  • Innovation boost: Diverse teams perceiving fair treatment tend to collaborate better and generate more creative solutions. Pay equity is a key component in unlocking this potential.

Benefits for Employees and Workers

  • Justice and recognition: Receiving a fair wage for the same work is both symbolically and tangibly impactful. This eliminates resentment and reinforces intrinsic motivation.
  • Financial security and personal development: Eliminating gender pay gaps will grant workers access to income that translates into economic stability, savings possibilities, investment in education, and improved quality of life.
  • Confidence in the organization: Knowing that clear salary and audit processes exist will strengthen confidence in the company and foster transparent labor relations.
  • Growth opportunities: Equal pay often accompanies more equitable promotion, training, and access to leadership positions, expanding internal mobility.
  • Emotional well-being: Eliminating unjustified income differences will reduce stress and the perception of discrimination, promoting mental health and work-life balance.
  • Inspiration for the future: Especially for young women, seeing equal pay reflected will build confidence to aspire to higher-responsibility roles, breaking historical barriers to their professional development.

The Human Resources mission will be to translate the reform into real policies ensuring no one earns less due to gender. The challenge is significant, but so is the opportunity to demonstrate that the measure can bring both social and corporate benefits.