Discrimination on the Border :: Essays Papers

Discrimination on the Border Introduction For over 250,000 women that work in Mexico’s maquiladora sectors the lack of enforced labor laws is a harsh reality. They are discriminated against because of their gender. The Mexican government fails to recognize and enforce the labor laws that protect women from pregnancy testing and other discriminatory treatment. Unfortunately, this isn’t the only problem. The companies that own these factories are also to blame for their lack of interest in their employees’ rights. The Mexican government fails to recognize the problem and so do the owners of these maquiladoras. Why does Pregnancy Discrimination occur? There are many reasons that pregnancy discrimination occurs. Most of them are financially related. Many employers of maquiladoras say that they do not hire pregnant women because â€Å"they want to avoid the cost of maternity benefits (HRW).† Under Mexico’s federal labor code pregnant workers are allowed 6 weeks paid maternity leave before birth and 6 weeks after. While on maternity leave, women have the right to keep their jobs as well as the other rights they have acquired under their labor contract. Maquiladora operators also claim that women are â€Å"not really seeking work, but company funded maternity benefits (HRW).† Maquiladora employers also state that â€Å"paying for an employee that is on maternity leave and not working isn’t a financially sound arrangement for a company (HRW).† Pregnancy discrimination not only violates Mexico’s Constitution and Federal Labor codes but also many international laws as well. The Mexican government has signed and agreed to follow rules of the International Labor office, which prohibits pregnancy as a form of sex discrimination. Mexico is also a partner in the North American Free Trade Agreement that governs the North American Agreement of Labor Cooperation (NAALC), which obligates Mexico to promote the elimination of sex discrimination (ILAB Press Release). Under NAFTA, Mexico voluntarily signed an agreement to the NAFTA labor rights side agreement. This agreement allows all signatories to have their labor practices reviewed by other NAAFA parties. This also allows all allegations to be analyzed by the NAO and committees to be formed to work with countries to resolve their labor problems (HRW). As it was shown, Mexico has many severe problems with gender discrimination in the maquiladora sector. These women have the right to work and be treated equally without the humiliation of frequent pregnancy testing and the verbal and physical abuse put on them by their supervisors.