Argentina: Equal opportunities

Original and updating authors: Daniel Orlansky and Felipe Graham, Baker McKenzie

See the legal services provided by the authors of International > Argentina, including any discounts/offers for subscribers.

Summary

• Discrimination in employment is prohibited on grounds including sex, race, age, nationality, religion, politics and trade union membership, and employers are obliged to treat all employees in the same situation equally. (See General)
• Unlawful unequal treatment exists only when there is arbitrary discrimination, but not when the different treatment is for a valid and objective reason, such as an employee's greater efficiency or dedication, or harder work. (See Exemptions)
• Employers have a duty to prevent and eliminate sexual harassment at work, and may dismiss with "just cause" an employee who commits sexual harassment. (See Harassment and sexual harassment)
• If a dismissal has occurred due to an act of discrimination by the employer, the burden of proof will be on the employee who invokes the discriminatory cause. (See Victimisation)
• Employers are not generally required or permitted to take any positive action in favour of people from under-represented or disadvantaged groups. (See Positive action)
• Measures have been introduced to promote access to formal employment for transvestites, transsexuals and transgender people. (See Promoting access to formal employment for transvestites, transsexuals and transgender people)
• Employees who claim that they have been discriminated against may claim special aggravated payment. (See Remedies and penalties)