Cablegate: Peru: Dol Request for Employment Discrimination

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DE RUEHPE #2299/01 1862039
ZNR UUUUU ZZH
R 052039Z JUL 07
FM AMEMBASSY LIMA
TO RUEHC/SECSTATE WASHDC 6059
INFO RUEHBO/AMEMBASSY BOGOTA 4830
RUEHBR/AMEMBASSY BRASILIA 7434
RUEHCV/AMEMBASSY CARACAS 0519
RUEHGT/AMEMBASSY GUATEMALA 1032
RUEHLP/AMEMBASSY LA PAZ JUL QUITO 1316
RUEHSG/AMEMBASSY SANTIAGO 1362
RUEHC/DEPT OF LABOR WASHINGTON DC
RHMFIUU/CDR USSOUTHCOM MIAMI FL
RUEAIIA/CIA WASHDC

UNCLAS LIMA 002299

SIPDIS

SIPDIS

STATE PASS TO USDOL FOR DOL/ILAB KENNETH SWINNERTON AND
DOL/ILAB SUERYUN HAHD; DEPARTMENT FOR WHA/PPC MIKE PUCCETTI

E.O. 12958: N/A
TAGS: ECIN ECON ELAB ETRD PE
SUBJECT: PERU: DOL REQUEST FOR EMPLOYMENT DISCRIMINATION
INFORMATION

REF: STATE 81932

1. Per reftel, post provides the following information for
mandatory US-Peru Free Trade Agreement reporting
requirements. The Ministry of Labor and Employment Promotion
(MTPE) provided the information cited, although in some cases
the data requested was not available. Responses are keyed to
reftel.

2. Summary of Legislation Prohibiting Discrimination

Law 26772 (passed April 17, 1997), Law 27270 (modifying Law
26722 and passed May 29, 2000), and Supreme Decree 002-98-TR
form the basis of Peruvian laws prohibiting employment
discrimination. The laws prohibit employers from using sex,
race, religion, political orientation, or native language as
criteria for hiring. A worker who suffers employment
discrimination in any of these categories can terminate
employment and demand compensation independent of other
benefits earned. The employer is also subject to a fine.
The MTPE sanctions employers who violate anti-discriminatory
laws; the Ministry of Education has the responsibility for
sanctioning institutions guilty of discrimination involving
access to education.

3. Legal instruments prohibiting other aspects of
discrimination

Article 6 of Law 26626 prohibits employment discrimination
based on a medical condition involving HIV or AIDS. Article
6 establishes that employees suffering from HIV or AIDS have
the right to continue working as long as they are capable of
performing their jobs; employees discharged because of a
diagnosis of HIV or AIDs have the right to be rehired.

Article 31 of Law 27050 makes it illegal for employers to
deny employment or bar access to employment for persons with
disabilities.

4. Other general laws prohibiting employment discrimination

The following laws contain provisions prohibiting employment
discrimination: the Peruvian Constitution; the military
justice system; the penal code; University Law 23733 (which
bans discrimination in university admissions); and
Legislative Decree 267 (which recognizes the rights of
servicemen to hold public office without regard to political,
religious, economic, racial, or sexual background).

5. Legal consequences of discrimination

The act of discrimination is defined as a crime in the
Peruvian penal code. Article 323 of the code establishes
penalties for persons found guilty of discriminating directly
or indirectly against individuals or groups and for persons
publicly promoting discriminatory acts based on race,
religion, sex, age, disability, language background, ethnic
or cultural identity.

The law establishes a sentence of not less than two years or
more than three years for persons found guilty of employment
discrimination.

Article 25 of General Inspection Law 28806 prohibits "work
discrimination, direct or indirect, in matters of employment
or occupation in the following domains: hiring, discipline,
workdays, training, promotion or other work conditions, based
on race, color, sex, age, language, religion, political
orientation, national identity, social origin, economic,
class, union membership, disability, HIV/AIDS, or any other
condition."

6. Government strategy to promote equal opportunity

Supreme Directive 009-2005-MIMDES established the National
Plan of Equal Opportunity for Women and Men. The plan
guarantees equal treatment and equal opportunities in
employment for women and seeks to promote the full
participation of women in the development of the country.

The plan list timelines, actions, and entities responsible
for accomplishing these goals and defines methods for
evaluating the progress of the plan.

In March 2007, the Law of Equal Opportunity for Women and
Men, N 28983, was passed, which requires the government of
Peru to promote and guarantee equal opportunity between the
sexes by adopting temporary measures of affirmative action.
The law requires the use of inclusive language by all levels
of government in official documents.

7. Judicial institutions responsible for enforcing
anti-discrimination statutes

Disputes regarding acts of discrimination in the workplace
are normally handled at the regional level, although all
levels of the judicial system have the capacity to try cases
regarding employment discrimination. Cases involving
constitutional rights can be submitted directly to the
Constitutional Tribunal.

8. Post has obtained the source documents for the
information provided and has forwarded them via expedited
delivery to Kenneth Swinnerton; USDOL; 200 Constitution
Avenue, NW; Room S-5303; Washington, DC 20210.
STRUBLE

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