In general terms, the employer has the freedom to ask the questions it considers convenient to a candidate in all phases of the recruitment process; in other words, there is almost no limitation to the scope of such questions from a legal standpoint. However, company policy and international guidelines might require global corporations to adhere to stricter procedures in the recruitment, interview and screening processes.
Recruiting. Given that there are no specific laws or rules applicable to recruitment, employers may, in their own judgment or interests or in accordance with company policy and interests; determine all necessary requirements for employment.
Laws regulating discrimination are not extensively developed in Mexico, but the FLL states that workers shall not be discriminated against on grounds of race, nationality, sex, age, disability, religion, political opinion, migratory condition, health, sexual preferences, or social rank. Even though the FLL prohibits discrimination, in practice there is unfortunately no action against employer discrimination.
Employment Applications. On the employment application, employers can request information from an applicant regarding his/her socioeconomic data, educational background, prior employment, drug screening, medical conditions, family situation and even criminal background.
Pre-employment Tests and Examinations. Drug screening and pre-employment physicals for applicants are generally permitted, with the applicant’s consent.
Employers may make inquiries regarding the consumption of alcohol or tobacco, without restrictions.
Background, References and Credit Checks. Letters of recommendation are usually required by employers. Background and reference checks are generally allowed, but are subject to the applicant’s consent; the law is silent to this particular respect but it is recommended that the employer secures the applicant’s consent.
Interviewing. During interviews, employers may ask for and corroborate any financial information, educational or employment information, drug screen results, medical condition, family situation and criminal history.
Hiring Procedures. The FLL does not provide for any special hiring process; therefore, employers do not have to follow any specific guidelines, unless agreed with the Union in the CBA (such as hiring only union members).