Law No. 6471 of the Legislature of the Autonomous City of Buenos Aires: equitable job search.
Data Privacy & Data Protection and Labor & Social Security Law Departments Joint Report | Law No. 6471 of the Legislature of the Autonomous City of Buenos Aires: equitable job search
Dear Sir or Madam,
Law No. 6471 of the Legislature of the Autonomous City of Buenos Aires, published in the Official Gazette of the City of Buenos Aires on December 22nd, 2021, approves “Equitable job search” (the “Law”). The purpose of the Law is to promote equal opportunities in the identification of talent, recruitment, and access to employment under fair and non-discriminatory conditions.
The Law reaches all employers in the public and private sector, recruitment consultancies, search platforms or portals, and any other intermediary through which jobs are offered and demanded and through which the uploading and resumes submission is allowed, on a mandatory basis within the Autonomous City of Buenos Aires.
The Law establishes that job offers may not contain restrictions for reasons such as age, race, ethnicity, religion, nationality, ideology, political or union opinion, sex, gender, marital status, economic position, social status, physical characteristics, disability, residence, family responsibilities or criminal record of those who have served their entire sentence and any other information that is not essential for the job offered.
At the same time, job offers may not require the submission of videos, photographs, images, audios, full name and surname or any other data that allows the candidates’ identification in social networks in a compulsory and exclusive manner. However, the Enforcement Authority (that has not been determined yet) may establish exceptions to the foregoing whenever necessary due to the characteristics of the position to be filled.
Moreover, it is mandatory to place in all the messaging intended for the job offer, an informative message, written in clear and legible writing, containing the following statement:
Equitable job search
The employer may only demand information strictly necessary for the performance of the position being offered
(Law No 6471.)
Finally, the Law provides for penalties for non-compliance consisting of mandatory training on gender issues, full inclusion, and non-discrimination as determined by the Enforcement Authority.
You may access the full text of the Resolution by clicking on the following link: Law No. 6471 – Legislature of the Autonomous City of Buenos Aires.
Please, do not hesitate to contact us should you require any additional information on this matter.
Sincerely,
Emilio Beccar Varela
Florencia Rosati
Alvaro J. Galli