Riviera Maya, Q.R. — The Supreme Court of the Nation has determined the request for criminal background checks for public drivers violates the right to equality as well as a negative impact on freedom of work.
The Suprema Corte de Justicia de la Nación (SCJN) has determined that letters of no criminal record violate the right to equality and non-discrimination when they involve generic requirements and no justification for the job position.
The Supreme Court of Justice of the Nation (SCJN) reiterated the invalidity of letters of no criminal record for vacancies in the government and the private sector, at least as a generic requirement.
The resolution arises from the legislative review after requests in two states. In Quintana Roo, the Mobility Law established the letter of no criminal record as a requirement for drivers of digital platforms.
In Sonora, a criminal background check was requested for those wishing to hold professional state positions.
In the analysis of Article 151 of the Quintana Roo Mobility Law, the SCJN determined that in addition to violating the right to equality and non-discrimination, the measure had a negative impact on freedom of work.
In the case of Sonora, the Court ruled that the requirement – in addition to being discriminatory – is generic and over-inclusive. Considering it a criterion aimed at all applicants that did not distinguish between serious or non-serious crimes.
In a statement, the SCJN reported “The legislation of Quintana Roo required a letter of no criminal record to be a driver of the passenger transportation service contracted through technological platforms.
“The Plenary Session of the Supreme Court of Justice of the Nation ( The Court ) invalidated section IX of article 151, of the Mobility Law of the State of Quintana Roo, reformed by Decree 058, published on April 28, 2023 , in which a requirement to be accredited as a driver of the passenger transportation service contracted through technological or digital platforms was provided for presenting a non-criminal record letter.
“The Court determined that such a requirement transgressed the right to equality and non-discrimination, and that it had a negative impact and without sufficient justification on the freedom to work, which is why it was not suitable for carrying out a constitutionally valid purpose.
“The Court concluded that the above does not prevent it from being possible to include a condition of this type for certain public jobs, as long as the crimes have the potential to directly affect the function to be performed and the capabilities required for it. which would have to be fully justified.”
The request for a criminal background check for public digital platform drivers was added in the latest revisions of the Mobility Law of Quintana Roo.
