1. Brief Description of Anti-Discrimination Laws
It is forbidden to discriminate against employees based on sex, race, nationality, religion, marital status, political or trade union ideas, age, disability or physical appearance.
The Argentinean Constitution establishes the principle of equality before law, which extends to salaries when stating “equal compensation for equal tasks.”
Any arbitrary discrimination, where employers make distinctions on unreasonable grounds, is forbidden.
However, exceptions to the prohibitions against discrimination are permitted. For example those who are based on objective grounds, such as the principle of the common good, the principles related to greater efficiency, diligence or compliance with the duties by the employee are allowed.
2. Extent of Protection
Individuals may be liable for their discriminatory acts, as well as in case of moral or sexual harassment.
If the employee suffers from any kind of discrimination in the workplace and due to this situation damage is caused to his physiological health, a Court of Law will determine the employer’s responsibility, unless the employer provides evidence of compliance with all the necessary measures to prevent such damage.
As for retaliation/reprisal, in Argentina there is not a specific regulation on this issue (there are no specific prohibitions regarding retaliation/reprisal).
3. Protections Against Harassment
Prohibition against sexual harassment is statutorily regulated only in the public sector.
4. Employer’s Obligation to Provide Reasonable Accommodations
Any act of discrimination based on the disability of a person is forbidden. Therefore, it is mandatory for public agencies, state companies and public enterprises that carry out public services to hire a minimum of four per cent (4%) of disabled people over the total of their personnel.
It is also mandatory to eliminate any architectural obstacle or barrier in order to achieve access for disabled people (i.e., creation of ramps).
Regarding an employee’s religious practice, religious discrimination is expressly forbidden and to avoid discriminatory acts based on religion, the employer must respect the religious holidays set as mandatory by the Ministry of Internal Affairs and excuse employees from work.
If any discriminatory act occurs in the workplace, the victim may claim to revoke such act and be paid a compensation for the moral and material damages caused.