MEXICO Trends and Developments Contributed by: Regina De la Vega Castillo and Areli Ramírez, De la Vega & Martínez Rojas S.C.
es[…] The Matter Must Be Adjudicated with a Gender Perspective and Intersectionality”, which provides that when an employee claims moral damages arising from workplace violence, discrimination, or an aggravated condition of vulnerability, the adjudicating authority is required to apply a gender perspective, incorporate intersectionality, make reasonable accommodations, and even resolve claims for moral damages within the labour proceeding itself. This criterion prevents employees from having to initiate additional legal proceedings and reinforces protections for vulnerable groups – such as women, persons with disabilities, or individuals with serious illnesses in accordance with Mexico’s constitutional and international commitments on equality, non-dis - For the 2025–2026 period, the Labor and Social Wel - fare Ministry has announced the execution of 43,000 labour inspections, of which 34,000 will be extraordi - nary inspections, aimed at promoting fair, equitable working conditions that respect fundamental rights, with a clear focus on eradicating practices that con - travene applicable regulations. crimination, and access to justice. 2025–2026 outlook and conclusions
One of the central pillars of this initiative will be the ver - ification of compliance with labour rights and the pre - vention of occupational risks, with particular emphasis on equity, inclusion, and a gender perspective. This entails cross-cutting actions to prevent workplace violence and close monitoring of complaints, reports, and claims in order to reduce occupational risks and legal contingencies. In this context, workplace violence is regulated not only by federal laws and official Mexican standards, but also by international conventions with constitu - tional hierarchy. Accordingly, both employers and employees are expected to raise awareness, receive training, and identify behaviours that were previously normalised, such as comments, jokes, or certain prac - tices, but which today clearly constitute workplace violence or discrimination. The right to dignified work is non-waivable, and the prevention of workplace violence is no longer optional, but rather a constitutional and international mandate. Compliance requires a comprehensive approach that integrates prevention, specialised internal investiga - tions, and strategic risk management to mitigate non- compliance risks and sanctions for employers, as this has become a “hot topic” within the Mexican legal landscape.
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