Extent of Protection
Protected characteristics include ethnic or national origin, gender, age, disability, social or economic condition, health, pregnancy, language, religion, opinions, sexual preferences, marital status or any other that impedes or nullifies the recognition or exercise of rights and real equality of opportunities among individuals. The law does not prohibit retaliation; however, most companies include such a provision in their compliance programmes and policies.
Employers must avoid any practice such as asking for non-pregnancy certificates to women or health certificates to employees and, in general, any practice that may imply a distinction between two or more individuals who apply for the same job.
Protections against Harassment
The General Law for the Equity of Men and Women aims to regulate and guarantee gender equality. It sets up the guidelines and mechanisms for the fulfilment of equality in the public and private sector, by encouraging women’s empowerment. The FLL however, does not specifically regulate sex discrimination aside from general discrimination. Among the several prohibitions that the FLL imposes on employers, is toleration of sexual harassment within the workplace.
Employer’s Obligation to Provide Reasonable Accommodations
An August 2009 law stipulated that those with a physical handicap must be included in society on equal grounds. Nonetheless, the FLL does not provide anything specific regarding disability discrimination, except that it falls into the general discrimination prohibited by the FLL. Despite the above mentioned, in order to promote equity and diversity within the workplace, the FLL establishes the obligation for employers with more than fifty employees to have appropriate facilities for the performance of the services of employees with disability.
Companies may have internal dispute resolution processes; however, they are not mandatory, as the parties will always be entitled to raise their actions with the Conciliation and Arbitration Boards. There is no mediation and conciliation except for the formal conciliation process performed by the Conciliation and Arbitration Boards. Conciliation and Arbitration Boards are the administrative agencies in charge of solving labour disputes.