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Foro sobre las expectativas de la Oralidad y la impartición de la Justicia Laboral en México


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Prada and Abercrombie; labor discrimination in Mexico and the world.

Two cases of polemic dismissals have attracted notice recently in the global labor environment due to their discriminatory labor content: Prada and Abercrombie. In the first case, a former employee accuses her employer of gender discrimination and sexual harassment; the prestigious brand has not only denied the alleged harassment but has sued the employee for damages to its reputation. In the second case, Samantha Elauf denounces a religious discrimination arguing Abercrombie's refusal to hire her for being Muslim (she went to the interview wearing a Hijab or black scarf covering her head). Although in essence, the reasons for labor discrimination are very similar in every country, the degree of progress and regulation is very different, for example, between Latin America, the United States and Europe.

In August, 2001, in Mexico, an amendment to article one of the Constitution was incorporated in order to include the so called "anti-discrimination clause". The governmental organism to prevent discrimination (CONAPRED) has less than 20 years of having been created and lacks the authority to make the fulfillment of its resolutions mandatory; the three most frequent causes of discrimination, according to national surveys are: The lack of Labor Experience (29% of the people surveyed) Age (28%) and Physical Appearance (27%).

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