Roberto Mendoza

HELLO

I’m Roberto Mendoza, for seven years I was an executive at Coca Cola FEMSA, in México and Costa Rica. Coca Cola FEMSA (KOF) is the second-largest Coca-Cola bottler, accounting for almost 10% of Coca-Cola's global sales. KOF is 39.6% wholly-owned by subsidiaries of The Coca-Cola Company. For assuming my homosexuality and protecting my partner’s integrity I was degraded, threatened and harassed, forcing me to resign.

The reason to exclude me from the company as explained by the Bottlers’ Human Resources Corporate Director, Mr. Eulalio Cerda-Delgadillo, was "... while I am head of HR for this Company, I will not have a faggot as one of its’ Directors".

During my seven years as an executive at Coca Cola FEMSA, I saved the company more than 40 million dollars, in addition to developing the Packaging Manager position, upgrading the Procurement Manager Function to Director Level and designing the corporate Procurement role at their Latin Center Division.

My case is an example of the homophobic discrimination that is still present in the business environment in Mexico. Discrimination that is prohibited by the Mexican Constitution; the Federal Law to Prevent and Eliminate Discrimination and by the Distrito Federal’s Penal Code.

Facts:

1. I was hired on March 16th, 1998 as Packaging Manager to establish the function for said Bottler. Through modifying primary and secondary packaging application and design I substantially reduced Cost of Goods.

2. Two years later I was offered the Procurement General Manager Mexico position where I delivered savings and capability development of the Central Procurement Group which lead to an upgrade of the function to Director's level (07/2002). I was passed-by for this position, for no apparent reason – however my performance appraisals where always at least significantly above average.

3. On January 2003, after announcing of the purchase of PANAMCO by FEMSA, I was part of the take over assessment team and by July was asked to head the Latin Center Division procurement department for Colombia, Venezuela, Panama, Costa Rica, Nicaragua and Guatemala, based in San José, Costa Rica.

4. As part of my relocation, and at my expense, my Same Sex Partner (of four years) went with me. We decided not to hide our relationship and introduced him to my co-workers.

5. Upon arriving at my new post, I was informed my title was to be Procurement Division Manager, while my counter parts in the other two KOF Divisions were Director, Procurement.

6. After first year savings in my Latin Center position, from raw materials, CAPEX / MROs that exceeded US$ 13 MM. and being told my function was well advanced I was asked to move back to Corporate Headquarters in Mexico City, and informally offered the Director, Technology Development position.

7. Once back in México City, in September of 2004, I was told the only available position for me was Packaging Manager. Even though this meant a six and a half years set back in my career and given no alternative, in order to stay with the Company, I accepted. I accepted only after been told that I was not given the Director Technology Development position because I was gay. The Corporate HR Director, Mr. Eulalio Cerda-Delgadillo, said: "... while I am head of HR for this Company, I will not have a faggot as one of its Directors".

8. Seeing that I was not going to give him the benefit of my resignation, as was his plan, my salary was reduced 32%. If deflated, this new salary was less than my hiring salary six and a half years ago. Finally, I was forced to sign the resignation I was handed in exchange for the severance pay specified in my ex-pat contract. October 15th, was my last day working for Coca Cola FEMSA.

In hindsight, I had been systematically discriminated ever since I was not given the position I developed back in 2002 (fact 2); things got worse after my "coming out" to my peers in Costa Rica, culminating in such harassment that forced me into resigning.
Needless to say this has devastated me, loosing my job, a career I had worked so much to build. Why should my sexual preference be a handicap in the advancement of my career?
Since then, I've gone to the Mexican governmental agency CONAPRED (National Council for Discrimination Prevention) whose mission is to promote equal opportunities for minority groups, and files a complaint: CONAPRED/DGAQR/151/05/DQ/I/DF/Q70. After reviewing my case in detail, it was qualified by them as "an act of discrimination has taken place". They got in touch with the Company in order to establish a conciliatory process and offer Diversity Training so that nothing of the sort would happen again. KOF management declined to abide by this recommendation.

In my quest for prevention of future discrimination cases within one of the Coca Cola System's main Bottlers and in the Industry in general, I have initiated legal action against KOF and some of its Top Management both in Civil (case 385/2005, Juzgado TRIGÉSIMO DE LO CIVIL EN EL DISTRITO FEDERAL), and Criminal (investigation N° FACI/50T3/1001/0510, PROCURADURIA GENERAL DE JUSTICIA DEL DISTRITO FEDERAL) Courts. In lieu of their actions, I considered it to be the only way I could work for lesbian, gay and bisexual equal rights.

This case is only one of many that constantly take place in Mexico and, for lack of a denouncement culture, go unnoticed.

Roberto Mendoza

Phone: 011 (5255) 2947 8899
Mail: roberto@cocadiscrimina.com

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