Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

1. Equality between men and women in employment. The Committee notes the information in the Government's report, in particular that, of the total number of people employed in export industry plants (maquiladora) in 1996 (the most recent year), the number of women exceeded that of men by almost 40 per cent. Similarly, the Committee notes from the Government's report "Alliance for Equality -- National Programme for Women -- 1995-2000", in the section "Economic Participation of Women", that the "feminization" of certain occupations and branches of activity has not been translated into better working conditions, which continue to be characterized by wage discrimination and lack of equality of opportunity in occupation and training, together with the failure to comply with labour laws.

2. In this respect, the Committee cannot fail to note persistent information regarding a series of discriminatory employment practices against women in relation to men, in particular in maquiladora plants based on foreign capital, some of which require pregnancy tests as a condition of employment. Female workers appear to be subjected to compulsory pregnancy tests during employment and questions as to the means of contraception they use and their sexual habits; in cases where they prove to be pregnant, they are dismissed as a means of avoiding the costs which would result from a pregnancy for the company concerned.

3. The Committee recalls that both in its 1988 General Survey on equality in employment and occupation and in its 1996 Special Survey, it pointed out that the specific attitude of a public authority or a private individual that treats unequally persons or members of a group on the basis of a prohibited ground constitutes discrimination in practice. Furthermore, the discriminatory nature of the distinctions based on pregnancy, childbirth or its possible medical consequences, obviously results from the simple fact that only women can be affected by such matters. The Committee emphasizes that such discriminatory practices against women are both offensive and contrary to human dignity. It therefore requests the Government to inform it of the measures taken to investigate these allegations and, where necessary, to take action to end these kinds of practices wherever they may occur and to inform it of any progress made in eliminating such discriminatory treatment.