In November 2015, Armando Ocampo, a prominent lawyer in Mexico City, was unexpectedly fired from his position at the consulting firm Chevez, Ruíz, Zamapirra y Cia., The company where he had worked for 10 years and in the one that had climbed due to its outstanding performance.
The argument given to justify his dismissal was that the firm had a problem related to his “corporate vision for his personal issues”, a euphemism to inform him that he was fired because a few weeks before he had married another man and the situation bothered him. the members of the company.
“I never hid it (his sexual orientation), I was who I was and I went out with the people that had to leave, the issue is that when 2015 comes and I had hit the corporate structure of the office. I could already be named as a capitalist partner, that’s when the issue of: I’m going to have a homosexual sitting next to me , ” said Armando.
Armando filed a complaint for repeated practices of discrimination before the National Council to Prevent Discrimination (CONAPRED). The complaint that he presented was accompanied by a series of audios in which he realized the coercion he suffered and the threats that forced him to resign.
However, the court ruled against it in determining that the legal firm did not engage in discriminatory practices and that the audios only revealed “personal issues” and “business” and “subjective” matters.
Ocampo appealed the decision before the Federal Court of Administrative Justice of the Judicial Power of Mexico City, evidencing that CONAPRED committed irregularities when sentencing its case. At the same time, Armando filed two lawsuits before the Judicial Power of the Federation of Mexico City, one for moral damages and the other for simulation of corporate acts.
“The authority in charge at the federal level of having helped me (conapred), altered my file to benefit the homophobic signature. He wanted to vanish evidence to affect my defense. Litigated against me. He tried to leave me without a single test to defend that firm, “he explained in an interview with Washington Blade.
The case was attracted by the Superior Court of the Federal Court of Administrative Justice of the Judiciary, so last September 5 the court issued a resolution in which it was determined that there was discrimination based on homophobia in his dismissal.
With this, the ruling in favor of Armando became the first in Mexico to recognize that there was an act of discrimination based on the sexual orientation of the affected person, an act that resulted in his unjustified dismissal.
Armando’s case set an important precedent in terms of homophobia discrimination, since the ruling determined that the firm could not prove his innocence, since Ocampo had a remarkable track record and performance inside the firm.
“(This represents something) historical, pride, open a gap, prevent these events in the future, generate visibility in society; that we have human rights and not discriminating is a principle of constitutional rank, which applies not only to the government, but to individuals , “Armando explained.
In response to Armando’s triumph, the firm Chevez, Ruíz, Zamapirra y Cia. Filed a complaint against Armando Ocampo for defamation in Nuevo León, the only state that sentences this crime with imprisonment.
“I do not fear being imprisoned for seeking justice, if Chevez succeeds, so be it. Better to live standing and maintaining your dignity, to be the object of ridicule, as now, with criminal harassment against me, “he explained.
Source: Washington Blade, Excelsior, Desastre.mx
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