Appendix A: The Legal Rights of Women Workers in North America

Employment Opportunity Equity and Salary Equity

Canada				The 1982 Canadian Charter of Rights and Freedoms, the Canadian Human Rights Act, the Canada Labour Code and various provincial human rights laws and ordinances protect Canadian workers from discriminatory pay practices. These Acts and Codes stipulate that men and women should receive equal pay for work of equal value and they prohibit sexual discrimination. The 1986 Employment Equity Act requires federally regulated employers to change workplace practices which create barriers to women, aboriginal peoples, persons with disabilities and persons who are part of a minority group. Employers must develop and implement employment equity plans to ensure that these designated groups are not denied employment opportunities or benefits for reasons unrelated to ability. The new Employment Equity Act, which came into force in 1996, extends employment equity coverage to employees of federal government departments. The Canadian Charter of Rights and Freedoms protects all workers from all forms of sexual discrimination derived from any type of government action.
United States				The Equal Pay Act of 1963 amended the Fair Labor Standards Act (FLSA) to prohibit pay discrimination because of gender. It requires employers to pay equal wages within an establishment to men and women doing equal work on jobs requiring equal skill, effort and responsibility, which are performed under similar working conditions. Pay differences based on a seniority or merit system or on a system that measures earnings by quantity or quality of production are permitted. Employers may not reduce the wage rate of any employees in order to eliminate illegal wage differences. Title VII of the Civil Rights Act of 1964, as amended, also prohibits wage discrimination based on gender as well as race, religion, color and national origin. Title VII also protects workers with respect to most on-the-jobs aspects of employment. Employers must recruit, train and promote persons in all job classifications without discrimination. Employer may not discriminate against individuals in any terms or conditions or privileges of employment. Title VII covers all public and private employers of 15 or more persons, public and private employment agencies, labor organizations with 15 or more members, and joint labor-management committees with apprenticeship or other training programs. The Age Discrimination in Employment Act of 1967, as amended, prohibits employment discrimination against individuals aged 40 years and older. It forbids discrimination with regard to hiring, dismissal, salaries, benefits, training, promotion and other employment practices. Disabled persons are also protected under the Title I of the Americans with Disabilities Act of 1990, which prohibits employment discrimination on the basis of disability in both the public and private sector, excluding Federal government. Section 501 of the Rehabilitation Act of 1973, as amended, prohibits employment discrimination against Federal employees with disabilities. Section 503 prohibits discrimination and requires affirmative action in all personnel practices for qualified individuals with disabilities.
Mexico				The equality of all persons before the law is guaranteed by the Constitución Política de los Estados Unidos Mexicanos (Political Constitution of the United Mexican States). The first article establishes that all individuals shall enjoy the guarantees set down by the Constitution, which may not be restricted or suspended, except in those cases and conditions established therein. Article 4 states that men and women are equal under the Law. The entitlement of women to opportunities equal to those of men is set down in Articles 3 and 164 of the Ley Federal de Trabajo (LFT, Federal Labor Law). The first Article states that no discrimination may be established between workers on the basis of race, gender, age, religion, political opinion or social rank. The second article states that women shall have the same rights and obligations as men. Article 133 Section I of the LFT states that it is prohibited for an employer to refuse to contract an individual because of their age or gender. Article 123 of the Constitution Section VII and Article 86 of the LFT establish that equal work performed in the same post, with the same hours worked and conditions of efficiency shall also be remunerated with the same salary.

Maternity / Family Leave

Canada				Each province has its own legislation regarding the duration and requirements for benefits associated with temporary leaves of absence. As regards maternity, an unpaid term of 17 to 18 weeks must be provided, depending on jurisdiction. In some provinces, eligibility is conditioned upon a worker having worked for the same employer for a minimum term, ranging from 6 to 20 weeks. The worker generally has the right to return to the same position or an equivalent position with the same salary and benefits. Parental and adoption leave is also available in most jurisdictions. The maximum parental leave for employees is 17 weeks and is available to one or both employed parents; both parents in most cases can share leave. Adoptive parents may be eligible only for shorter leaves in some jurisdictions. Cash benefits are provided by Employment Insurance (EI) and are available to a pregnant woman, a woman who has recently given birth, adopted a child or is taking care of a newborn baby. The basic benefit rate is equivalent to 55 percent of the average insured income of the worker, up to a maximum of $413 Canadian dollars per week. Women who leave the workforce to care for children will have access to EI active re-employment benefits if they have collected maternity or parental benefits in the past five years. Low-income families (less than $25,921 Canadian dollars a year) may receive higher benefits.
United States				Title VII of the Civil Rights Act of 1964, as amended by the Pregnancy Discrimination Act of 1978, specifically prohibits discrimination because of pregnancy. Covered employers cannot refuse to employ a woman because of pregnancy or terminate her, force her to go on leave at an arbitrary point during pregnancy or penalized her in reinstatement rights including credits for previous service, accrued retirement benefits, and accumulated seniority. The Law requires that women affected by pregnancy, childbirth or related medical conditions be treated the same as persons not so affected, but similar in their ability or inability to work, for all employment-related purposes, including receipt of benefits under fringe benefit programs. Under the Family and Medical Leave Act (FMLA) of 1993 an employer must grant an employee up to 12 weeks of unpaid leave during any 12-month period for any of the following reasons: For the birth and care of the newborn child of the employee; For placement with the employee of a child for adoption or foster care; To care for an immediate family member (spouse, child or parent) with a serious health condition; or To take medical leave when the employee is unable to work because of a serious health condition. The FMLA applies to private and public employers who employ 50 or more employees and who are engaged in commerce or in any industry or activity affecting commerce. To be eligible for benefits an employee must have worked for the employer for a total of 12 months, and at least 1,250 hours over the previous 12 months.
Mexico				Article 170 of the LFT establishes the obligation of employers to provide female workers with six weeks leave before and six weeks after childbirth. During this period, workers must receive their full salaries. This period may be extended as necessary, and in the event of a worker being unable to work as the result of pregnancy or child birth, she is entitled to 50 percent of her salary for a period of up to 60 days in addition to the 12 weeks at full pay. During the period of lactation, women are entitled to two extra half-hour rest periods in order to feed their infants. Article 170 also established that as long as more than a year has not elapsed from the date of childbirth, women are entitled to return to the position they formerly occupied. Likewise, women are entitled to have pre-and post-natal periods included in their seniority. Article 109 of the Ley del Seguro Social (LSS, Social Security Law) states that in the event of a female insurance worker losing her job and having made at least eight continuous weekly contributions to the Instituto Mexicano del Seguro Social (IMSS, Mexican Institute of Social Security), she shall be entitled to receive all necessary medical, maternity, surgical, pharmaceutical and hospital assistance for eight weeks following dismissal. Likewise, female workers involved in strikes are entitled to medical benefits for the duration of the strike, a requirement that applies equally to male workers.

Unemployment Insurance

Canada				Workers who lose their jobs involuntarily and who have worked more than a minimum number of hours in the past year have the right to apply for Employment Insurance (EI). The basic benefit rate is equivalent to 55% of insured income, with a maximum of $413 Canadian dollars per week. The amount of weekly benefits will depend on earnings in the last 26 weeks. Claimants may receive benefits for between 14 and 45 weeks, according to the unemployment rate in the region and the number of hours worked. The minimum number of hours required for qualification varies between 420 and 700, depending on the regional unemployment rate. In the case of new workers or those returning to the labor force, this minimum stands at 910 hours. Part-time workers who meet the minimum hours required are also entitled to EI. EI is financed by worker and employer contributions. Workers contribute a workers contribution 2.9% of their gross pay up to a total yearly amount of $1,131. Employers are required to pay 1.4 times the amount of their employeeís contribution. Insured workers with children and an annual net family income below $25,921 Canadian dollars are entitled to a supplementary payment, the Family Income Supplement (FIS).With the addition of this supplement, the benefit received by the insured worker may total up to 80 percent by the year 2000 of insured income.
United States				Workers who are unemployed involuntarily receive income support for a limited time. Each state specifies the amount of weekly and total unemployment payments. Usually, jobless workers receive about 50 percent of their average weekly gross wage earned during the last 52 weeks. The maximum benefit ranges from $180 to $359 dollars per week, depending on the state. Most states limit the duration of payment to a maximum of 26 weeks, although in some states benefits may continue for as long as 30 weeks. Employers finance the unemployment insurance through a federal tax on wages paid. This is supplemented from general federal revenues.
Mexico				Although there is no unemployment insurance,Articles 50 and 52 of the LFT establish an obligation on the part of employers to pay compensation to unfairly dismissed workers. Such workers also have the option to be reinstated to the same job. If the worker is discharged without justification, and his or her employment is for a specified period, the worker is entitled to receive a severance payment equal to the wages received for half of the time of work with the same employer. For those workers with more than one year of service, severance payment is equal to six months wages for the first year of service plus 20 days wages for each additional year of service. For workers with labor contracts of unspecified duration, severance payment is equal to three months wages. These workers have also the right to receive wages for the period between the day of dismissal and the day the severance compensation is paid. If a workers asks to be reinstated and the employer refuses, he or she has the right to receive 20 days wages for each year of service in addition to the above.

Retirement Income and Health Benefits

Canada				The Canada Pension Plan (CPP) ensures a measure of protection to a contributor and his or her family against the loss of income due to retirement, disability or death. The CPP covers nearly all employed and self-employed persons in Canada between the ages of 18 and 70 who earn more than a minimum level of earnings ($3,500) in a calendar year. Quebec has its own similar but not identical program (QPP). The CPP is financed through contributions from employees, employers and self-employed persons, as well as interest earned by the Canada Pension Plan Fund. Any person who has made at least one valid contribution to CPP is eligible to receive a monthly retirement pension. The amount of retirement pension payable to a person at age 65 is a monthly benefit equal to 25 percent of the contributor’s average monthly pensionable earnings during that person’s contributory period. All CPP benefits, except for death benefits, are adjusted in January each year to reflect increases in the cost of living as measured by the Consumer Price Index. The plan is financed by a 5.6% payroll tax paid in equal parts by employers and workers. Workers may also pay into individual retirement savings plans that may be tax deferrable. All Canadians, including pensioners, are covered by a universal, publicly financed health care system.
United States				Social Security, which is a public pension plan, includes retirement, disability and family and survivor benefits. It is financed by a 15.3% payroll tax paid in equal parts by employers and workers on income up to $62,700 US dollars. Employers and workers may also opt for private pension plans that may be deferred from tax payments. Medicare provides health insurance to people age 65 and over, those who have permanent kidney failure, and certain people with disabilities.There are two parts of Medicare: hospital insurance (Part A) and medical insurance (Part B). The first helps to pay for inpatient hospital care, skilled nursing care and other services. The second helps to pay for such items as doctor’s fees, outpatient hospital visits, medical services and supplies. Medicaid is a public health insurance program jointly funded, by the federal and state government that provides medical assistance for certain individuals and families with low incomes.
Mexico				The social security system administered by the IMSS, covers a broad range of social insurance, including: work risks, illness and maternity, disability and life, retirement and dismissal due to old age, and créche facilities for children and other social benefits. The system is financed by premiums paid by employers, employees and by contributions by the federal government. Premiums paid by the employer are equal to 8.5% of insurable earnings plus 13.9% of the minimum wage in the Distrito Federal, for illness and maternity insurance plus a variable portion for work risks insurance. Employees’ premiums are equal to two percent of their insurable earnings. In the case of workers receiving the minimum wage, employers are obliged to pay the entire premium (Article 36 of the LSS). The IMSS offers créche facilities for children aged 43 days to four years of insured female workers (Article 206 of the LSS). The premium is entirely covered by the employer as stated in Article 212. Any female worker losing her job is entitled to make use of the créche service for a further four weeks as stated in Article 207. As of July 1997, contributions for the retirement insurance scheme are administered by means of individual accounts handled by private companies known as Administradores de Fondos para el Retiro de los Trabajadores (AFORES,Worker Retirement Fund Administrators).

Work Risk Indemnification

Canada				Workers’ compensation programs assist workers with medical and other related expenses when they are injured or become ill as a result of their job. The Program covers both full-time and part-time workers. Cash compensation is based on workers’ earnings at the time of the accident or illness. Provincial programs insure between 75 and 90 percent of net earnings, up to a maximum amount varying from $38,600 to $56,000 Canadian dollars, depending on the province. The national health insurance system provides all health care and rehabilitation services needed because of work-related injury or illness. Provincial workers’ compensation boards pay for the costs. Employers finance the system. Contributions vary according to industry, based on the associated risk, as well as to number of employees and workers’ earnings.
United States				State-run worker compensation systems compensate workers for income they lose while they are not able to work due to a work-related illness or injury. Compensation benefits for temporary disability vary from state to state. Income benefits range from 66.6 to 88 percent of insured earnings. Weekly payments are limited as to minimum and maximum amounts, usually a percentage of the state’s average weekly wage. The duration of payments also varies among states; in some states payments are made for the entire disability period, in other states payments are made for a limited time. Workers’ compensation systems also entitle workers to receive any medical assistance that is required as a results of a job injury or a job-related illness. Medical coverage includes the cost of physician, hospital, nursing (including home care), physical therapy, dentist, chiropractor, and prosthetic devices. State systems are typically financed by taxes paid by employers, which may vary according to the risk classification of the company concerned.
Mexico				Article 123 Section XIV of the Constitution establishes that employers shall be responsible for work related injuries and for occupational diseases contracted by workers as a result of their work or occupation. Employers must pay indemnification in the case of death or temporary or permanent disability from workplace injury or disease, in accordance with amounts the law prescribes. This responsibility exists even if the employer contracts for the work through an intermediary. Article 487 of the LFT establishes that workers exposed to work-related illness or accident are entitled to medical assistance, hospitalization, medication, rehabilitation, and indemnification. A worker temporarily disabled by such causes receives complete salary payment up to 52 weeks. If medical examination determines that the worker is unable to return to work after 52 weeks, she or he can continue medical treatment and receive the same compensation until the incapacity is declared total or par-tial. If the disability is total and permanent, the worker is entitled to receive a monthly payment equivalent to 70 percent of his or her insurable salary (Article 58 of the LSS). The indemnification system is financed by a premium paid by the employer in accordance with the risk classification of the activity concerned and the salary of the worker (Article 71 of LSS). As a means of protecting the health of women, the Article 166 of the LFT establishes that pregnant or lactating women may not be assigned to unhealthy or dangerous work, industrial night work, in commercial or service establishments after 10 o’clock at night or for overtime.