Understanding Discrimination in the Workplace
Preparing for a job interview involves knowing what to say and managing emotional skills, according to experts. If during an interview you’re asked about your age, pregnancy plans, or if you plan to become pregnant, you have the option not to answer as these questions can fall under discriminatory practices, experts suggest.
Prevalence of Workplace Discrimination
Workplace discrimination is common, and the hiring process isn’t free of ageist, gender-based, marital status, appearance-related, or other characteristic-focused excluding practices, as outlined in Mexican law. Iñaki de la Barrera, an organizational psychologist and HR consultant, states that it’s still very common for interviewers to ask discriminatory questions with the aim of excluding candidates.
Statistics on Discrimination in Mexico
In 2024, 60% of discrimination cases attended by the Council for Prevention and Elimination of Discrimination in Mexico City (COPRED) were manifested in the labor field, primarily due to pregnancy, health condition, gender, sexual orientation, and gender identity. The right most violated was the right to employment.
Experts’ Recommendations for Candidates
In this context, experts recommend that a candidate’s preparation for a job interview includes knowing how and what to respond if the recruiter asks questions that could be considered discriminatory.
Knowing What Discrimination Is
A first step for candidates is to understand what discrimination is and when a question could be an act of exclusion based on personal characteristics unrelated to the job.
Reviewing the Federal Labor Law
Mauricio Ariza, a human rights and inclusive labor specialist, suggests that candidates review the Federal Labor Law (LFT) to understand which practices are discriminatory and which aren’t. Article 133 of the LFT prohibits employers from denying work based on ethnic or national origin, gender, age, disability, social condition, health status, religion, opinions, sexual orientation, marital status, or any criterion that could lead to discriminatory acts.
Recognizing Discrimination in the Labor Market
Discrimination in the labor market involves denying access to a job or differentiating treatment of individuals based on reasons outlined in the law, regardless of their skills or job requirements. This is explained in the book “Discrimination in Companies,” published by Mexico’s National Council for Prevention of Discrimination (CONAPRED).
Identifying Discriminatory Questions
As a job applicant, it’s crucial to understand that both direct and indirect questions seeking information about certain characteristics can be discriminatory. Not all questions are straightforward, like “How old are you?” Sometimes, they aim to deduce information, for example, by asking “In what year did you start your studies and when did you graduate?”
Transparency in Specific Job Requirements
There are specific job-related cases where some of these characteristics’ information might be necessary, but it should be transparent. This highlights the importance of studying the job position and evaluating whether it aligns with your interests and expectations, as per de la Barrera.
Preparing for Potential Discriminatory Questions
Preparation against possible discriminatory questions involves planning responses and managing emotions.
Maintaining Composure
“First, stay calm. Listen actively to the interviewer with patience and take a moment before answering, mentally prepare your response to the question,” suggests de la Barrera.
Challenging Discriminatory Questions
If during the interview, a candidate detects a question intended to exclude them based on reasons other than their skills and knowledge, they can counter with a question like “Why are you asking this?”
Addressing Discriminatory Motives
If, after hearing the interviewer’s response, a candidate detects a discriminatory motive, they can decline to answer and explain to the recruiter that the question could be discriminatory.
Seeking Help for Suspected Discrimination
Candidates who suspect they faced a discriminatory selection process can seek advice from at least three entities:
- Consejo Nacional Para Prevenir la Discriminación (CONAPRED)
- Consejo para Prevenir y Eliminar la Discriminación en la Ciudad de México (COPRED)
- Procuraduría Federal de la Defensa del Trabajo (PROFEDET)
These institutions provide free advice on workers’ labor rights in Mexico. Remember, Ariza advises, “These services are free; they’re a way to seek advice and the authorities will accompany you in these matters of discrimination.”
