Roberto Mendoza’s Response to Coca-Cola FEMSA

Business & Human Rights Resource Centre
19 Jan 2006

Roberto Mendoza, who alleges that he was fired by Coca-Cola FEMSA on the basis of his sexual orientation, sent the following statement to the Business & Human Rights Resource Centre as a rejoinder to the “Response of Coca-Cola FEMSA to allegation of sexual orientation discrimination in Mexico”, 6 September 2005:
http://209.238.219.111/Coca-Cola-FEMSA-response-sexual-orientation-discrimination-allegation-Mexico-6-Sep-2005.doc

While Coca Cola FEMSA does in fact have a written non discrimination policy, it allows its Corporate Human Resources Director – Eulalio Cerda - to say, think and act by: "... while I am head of HR for this Company, I will not have a faggot as one of its’ Directors".

Discrimination is present in the day to day operation of Coca Cola FEMSA (KOF) and evident in the reduced number of minorities that occupy Top Management positions. Coca Cola FEMSA does hire a small number of people with disabilities, but regardless of their training and intellectual capability assigns them a seat in the call center; as if someone in a wheel chair is incompetent at anything else other than answering phones.

The Consejo Nacional para Prevenir la Discriminación (CONAPRED – National Council for Discrimination Prevention) has played a very important role in my case, number CONAPRED/DGAQR/151/05/DQ/I/DF/Q70, stating: "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. On August 29th 2005, CONAPRED held a press conference to denounce my case. www.conapred.org.mx

In September 2004, I was called back from an ex-pat position “to be allowed to stay with the company” I was offered as my next assignment the first position I was hired for at Coca Cola FEMSA, almost seven years earlier, and presented with a 32% pay cut. Continually questioned, degraded and harassed I was finally forced to sign the resignation I was handed in exchange for the severance pay specified in my ex-pat contract. This is what KOF refers to as “mutual agreement”. Since then, I started a quest for equality in the workplace for Gay, Lesbians, Bisexuals, … A basic Human Right: to be given the same opportunities based on capacity regardless of sexual orientation.

Based on the Mexican Constitution – article 1; The Federal Law to Prevent and Eliminate Discrimination; and the Distrito Federal (Mexico City) Penal Code – article 206, I’ve initiated legal action and therefore, this Right is now being discussed in the Mexican Civil and Criminal courts.

Coca Cola FEMSA's main defense has been that because I signed an agreement (forced to, in exchange for legally required severance) the issue should be deemed as "judged", leaving me without any rights to prosecute criminally or in Civil Courts. The Judge presiding over my civil law suit rejected their defense in an interlocutory ruling which was published on Jan. 3d. 2006, on the basis that a labor matter is absolutely independent from the moral damage I suffered and of the criminal act of discrimination as stated in Article 206 of the Mexico City Penal Code. Coca Cola has appealed this ruling and we are currently answering their appeal.

During my seven years at Coca Cola FEMSA, I saved the Company over US$ 40 million, and always obtained the highest performance appraisals given by their assessment system. I don’t understand why should my sexual preference be a handicap in the advancement of my career in a Company that “values diversity in all its expressions”?

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