Mail Tribune - Companies export illegal hiring practices - October 28, 2006

Mail Tribune (Medford, OR — Wayback)

2006-10-28

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http://www.omniture.com --> Sections Home Page Local News AP News Archives Business Classifieds Event Calendar Forums Life Opinion Obituaries Photo Gallery Readers Photo Gallery Sports Tempo Weather Special Coverage 2006 Britt Festivals --> Shop Our Valley AutoFinder HomeFinder JobFinder Search Our Valley Special Sections Readers' Choice Homelife Magazine Joy Magazine Neighborhoods Employment Guide Oregon Golf Info Oregon Wine Info Other Publications Local Links Ashland News eSouthernOregon Newspapers In Education Personals Moving Here Movie Listings TV Listings Volunteer Customer Service Advertise With Us Media Kit Place Classified Ad Contact Us FAQ's Home Delivery Site Map  --> Email Story to a Friend October 28, 2006 Companies export illegal hiring practices Job market is so competitive in Mexico that some U.S. companies get away with height, weight, marriage status requirements for jobs By Marla Dickerson and Meredith Mandell Los Angeles Times MEXICO CITY — When Michigan-based automotive supplier Lear Corp. needed a secretary for its office in the central state of Guanajuato, it placed a classified ad seeking a "female ... aged 20 to 28 ... preferably single ... with excellent presentation." And to make sure it got the right candidate, Lear asked applicants to include a recent photo with their resumes. In the United States, that ad might draw howls of protests and trigger lawsuits and hefty fines. But in Mexico, where jobs are scarce and enforcement of anti-discrimination laws all but nonexistent, employers routinely select hires on criteria more appropriate for a beauty contest. Job seekers who are considered too old, too chunky or too dark are screened out by companies that sometimes specify the ideal candidate's marital status, height, weight, tone of voice, even the part of town in which the person should reside. What is less known is that many U.S. corporations — including Coca-Cola, Pepsi Bottling, Shell Oil and 7-Eleven — are engaging in hiring practices that appear to violate their fair-employment policies in the United States. Advertisement They include companies that trumpet their diversity initiatives north of the border, even top-drawer U.S. law firm Baker & McKenzie that should be familiar with Mexican laws prohibiting discrimination. "Why are so many of them not complying with the same standards they have to comply with in the United States? Because they can get away with it," said Gloria Allred, a Los Angeles-based anti-discrimination attorney. When contacted for comment, U.S. companies claimed they did not know about the ads or blamed them on local managers or third parties. Lear officials in the U.S. said they had no knowledge of the Mexican job posting. Provided a copy, spokeswoman Andrea Puchalsky later issued a statement declaring that the ad was not in keeping with Lear's equal-employment policies and that it would be revised to remove references to gender, age and similar criteria. "Unfortunately, it is very difficult for a global organization ... to closely monitor the activities of our representatives in all regions of the world," she said. Mexico's constitution and federal labor code prohibit discrimination based on age, gender, ethnicity, religion, marital status, health and other factors. But legal experts say Mexicans rarely complain to authorities or file employment discrimination lawsuits partly because seeking redress is a lengthy and expensive process. Wilma Ramirez Santiago, deputy director of the complaints area of the National Council to Prevent Discrimination, said the Mexican public has grown so used to discriminatory hiring practices that most people are resigned to them. Her federal agency was set up in 2003 to investigate discrimination complaints and raise awareness, but it has no power to prosecute scofflaws, and the government is cutting its 2007 budget by 4 percent. "We're a clearly discriminatory society, but no one wants to accept it," said Ramirez, who said her organization would like to see a crackdown on employment classifieds. That would make Mexico a pioneer in Latin America, where such ads are ubiquitous. Some companies equate youth with higher productivity, lower salaries and cheaper medical costs. Many male employers view single attractive females as desirable — until they get married and have children, at which point they mean costly pregnancy leave, children-related absences and turnover. Married men often are seen as stable and less likely to be homosexuals, still a major taboo. Good looks, fair skin and a trim figure are prized. "They don't contract you if you don't have a pretty face or a pretty body," said Patricia Tellez, a plump lawyer who was one of hundreds of anxious hopefuls packing a recent job fair in Tlajomulco, not far from Guadalajara. Tellez said a recruiter at one table told her they preferred a man to fill a debt-collector position for which she had applied. The 29-year-old lives with her parents and supports herself selling second-hand clothing in a flea market. Thousands of underemployed Mexicans such as Tellez represent a waste of human capital that is hurting the nation's competitiveness. "You have very intelligent people forced to clean windshields and park cars," said Florencia Pena, a professor at Mexico City's National School of Anthropology and History who has studied employment discrimination. "That is very costly for the culture and for the country." Mexican President-elect Felipe Calderon has cited "equal opportunity" as one of the main platforms of his new development plan. Many Mexicans, however, say they have come to accept that being too old, too dark, too fat or having too many children trumps education and experience in the view of many employers. At the Tlajomulco job fair, Paulina Duran, 25, an unemployed mother of two who was searching for work, said the first question recruiters asked her was: "Who is going to watch the kids?" Ismael Briseno was also having a tough day. Laid off early this year, the college-educated 50-year-old former airline worker said he has contacted 52 employment agencies and 27 Internet sites without receiving a nibble. "They want young people so they can pay them less," Briseno said. Staff writer Marla Dickerson reported from Mexico City. Mandell is a special correspondent. n Would you like to respond to this story? If so Click Here to visit our forums. Advertisement Copyright © 1997-2006 Mail Tribune, Inc. All rights reserved. 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