Background on Minister Yasmín Esquivel Mossa
Minister Yasmín Esquivel Mossa, a member of Mexico’s Supreme Court of Justice of the Nation (SCJN), has been involved in a significant case concerning the Universidad Nacional Autónoma de México (UNAM). Her past involvement in a labor dispute against the university led to her raising concerns about potential impediments in current cases related to UNAM.
The Impediment and its Background
Before deliberating on the amparo directo 4826/2025, a case involving labor harassment against a female employee by her superior at UNAM, Minister Esquivel Mossa requested the SCJN to determine if she had any legal impediment to participate in this matter. She mentioned having previously filed an amparo against UNAM regarding a different administrative issue, which had been resolved.
In the past, when Esquivel Mossa was part of the Second Sala, she raised a similar impediment concern in four amparo cases involving UNAM. The Second Sala determined that she was not legally impeded from participating in those cases.
Ministers’ Opinions
During the discussion, Minister Lenia Batres addressed Esquivel Mossa’s concerns. Batres stated that if Esquivel Mossa believed she had no personal interest in the case, she would accept the impediment. However, Batres emphasized the importance of consistency in declaring impediments within the court.
The Case: Labor Harassment at UNAM
Acoso laboral
The SCJN unanimously resolved the amparo directo 4826/2025, which dealt with a labor harassment case against a female employee by her superior at UNAM. The court decided to revoke the previous ruling and send the case back to the corresponding Colegiado tribunal for a new decision.
- The Colegiado tribunal should review the labor arbitration and UNAM’s regulations in light of Articles 1° and 123 of the Constitution.
- The tribunal must consider enhanced protection standards against labor harassment and discrimination within the academic setting.
Key Questions and Answers
- Who is Minister Yasmín Esquivel Mossa? She is a member of Mexico’s Supreme Court of Justice of the Nation (SCJN).
- What was her concern? Esquivel Mossa raised concerns about a potential impediment to participate in cases involving UNAM, given her past involvement in a labor dispute against the university.
- What was the case about? The case (amparo directo 4826/2025) dealt with labor harassment against a female employee by her superior at UNAM.
- What was the SCJN’s decision? The SCJN unanimously decided to revoke the previous ruling and send the case back to the Colegiado tribunal for a new decision, considering labor arbitration and UNAM’s regulations along with enhanced protection standards against harassment and discrimination.
