PREGNANCY TESTS FOR JOB APPLICANTS ARE LEGAL
*** The DTPS clarifies the news published in the international media.
*** The test is carried out for the women s own safety.
August 26, 1996
TIJUANA.Responding to the news published by several sources in the national and international media concerning the illegality of carrying out pregnancy tests on women applying for jobs, the Ministerial Department of Labor and Social Security (DTPS) clarified that this practice is not illegal. It is a fulfillment of the authority granted by labor laws.
This was stated by the subdirector of that entity, Lic. Carlos Martín Gutiérrez. He specified that the purpose of this action is to ensure that once women are incorporated into their specific job tasks, none of their rights are violated. This could happen if a lack of awareness of their pregnancy put at risk the life and physical and mental health of the pregnant woman or her child.
He pointed out that the Mexican labor code, which is enforced throughout the country, addresses the norms in Title V, from Article 164 to Article 172, aimed at protecting women workers and maternity.
"Just the fact that the employer registers the women under the obligatory regime of the Mexican Social Security Institute fulfills the precepts which protect pregnant women. In that institution the employers are subject to the obligations issued in the Labor Law," he commented.
He said that the published news, "in a superficial way and without going into depth concerning the scope of our laws," tries to give the impression that the maquiladoras, which are certainly subject to the jurisdiction of Mexican law, are violating general principles and the human and labor rights of women. This is false.
"Another mistaken notion in the news articles is the idea that women are working at their jobs, become pregnant, and for that reason alone are fired. If this were to occur, the workers in this situation are completely protected by the Law and all they have to do is put in a claim and the labor authorities will intervene to assist them," he explained.
ORIGINAL BAJA CALIFORNIA PRESS RELEASE