Bill 597.

Summary.

The bill adds Article 103-A to the Labor Code to establish measures against discrimination in access to employment, continued employment, and working conditions. Its provisions on pregnancy tests would apply to work in the public and private sectors. It prohibits requiring such tests as a mandatory condition for obtaining a job, remaining employed, receiving a promotion, or continuing work. The requirement would be presumed discriminatory, although the employer or contracting party could rebut that presumption by showing that the request was based exclusively on actual or potential risks to the health of the worker or the pregnancy.

The employer would have to expressly state that pre-employment or entry medical assessments do not include pregnancy tests. If those assessments include blood tests, the candidate could choose the medical center or laboratory, provided it is authorized by the competent health authority. Questions about marital status, reproductive plans, intent to become pregnant, or other circumstances related to motherhood or fatherhood are prohibited during interviews and selection processes. Such questions would be presumed discriminatory and subject to the applicable penalties.

The bill also prohibits discrimination based on sex, pregnancy, motherhood, marital status, or family responsibilities in hiring, contract renewal, job security, promotions, training, and other working conditions. Without prejudice to the special protections for persons with disabilities, HIV, or chronic, progressive, and/or degenerative diseases, an employer could assess the knowledge, skills, technical competencies, and functional capacities strictly necessary for the position. Assessments would have to relate directly, objectively, and demonstrably to its essential duties; be reasonable, proportionate, and nondiscriminatory; and avoid collecting sensitive medical information unrelated to the required aptitude or automatically excluding people because of disability, health, diagnosis, or serological status. Where possible, they would take into account reasonable accommodations compatible with the health and safety of the person and others. They could not be used to circumvent statutory job security or special protection regimes.

Job postings for paid work, regardless of how they are distributed, could not impose personal requirements without an objective and reasonable connection to the position; they would have to be based on skills, abilities, education, merit, and capabilities. Where there are reasonable indications of discrimination, the employer or contracting party would have to demonstrate objective, reasonable, and nondiscriminatory criteria. The Ministry of Labor and Workforce Development would handle violations, either on its own initiative or following a complaint, and impose fines ranging from 500 balboas (B/.500.00) to 1,000 balboas (B/. 1,000.00). Once the practice is established, the competent authority would order measures to restore rights, including hiring, reinstatement, ending the practice, and other appropriate remedies.

The provision identifying the bill’s effects states that it supersedes Law 11 of April 22, 2005, and provides that it would take effect 6 months after promulgation. In light of its content, the bill concerns the Ministry of Labor and Workforce Development, the competent health authority, employers and contracting parties in the public and private sectors, job applicants, and workers.