In 2013, the Mexican lawyer Rocio Garcia Ramirez was getting ready to receive a promotion in the Spanish company Acciona Mexico, Where he worked. As part of the process, several medical studies were carried out on her, which revealed that she suffered from breast cancer.
While struggling with illness, she was fired unjustifiably, without settlement or compensation, according to the media Mexico Journal. Now, after a long legal process that is still not over, she has received a defamation suit from their former employers.
At the time of diagnosis, the lawyer had been in remission for 5 years, as she had previously suffered from cancer. However, further tests found that she was back and she had metastasized to lymph nodes and lungs.
After undergoing the first surgical interventions, Rocío returned to the office. But instead of giving him a promotion to business development management at the firm, she was notified that she was fired.
The case came to Supreme Court of Justice of the Nation (SCJN) and he was considered the first case of employment discrimination due to illness with unjustified dismissal. The court ruled in favor of García Ramírez in May 2017, while the Council to Prevent and Eliminate Discrimination in Mexico City (Copred) ratified it in June 2019.
However, the dispute between the litigant and the corporation is still in force, since Acciona Mexico has not reinstated her in her position and has not paid her fair compensation for the damages.
By court order, he cannot talk about his dismissal due to cancer
On September 27, Rocío was notified of a civil lawsuit filed against her by Acciona México. The company accuses her of defamation and moral damagedemanding the symbolic payment of 1 peso and that he stop making his story public.
The litigant affirms that the Spanish firm sued her “to demand my silence“, according to statements for Mexico Journal. Meanwhile, his legal representative, Stephanie Beardpointed out that “they filed precautionary measures so that [Rocío] don’t speak again.”
The litigant affirms that the Spanish firm sued her “to demand my silence”, according to statements https://www.diariodemexico.com/mi-nacion/abogada-discriminada-con-cancer-es-demandada-por-presunta-defamacion-por-empresa-espanola for Mexico Journal. Meanwhile, his legal representative, Estefanía Barba, pointed out that “they filed precautionary measures so that [Rocío] don’t speak again.”
“They intend to censor my freedom of expression because they consider that I caused them ‘irreparable damage’ by making public my history of discrimination and other treatment of which I have been a victim,” added García Ramírez.
In a document published by the media, you can see some terms of the lawsuit. This specifies that the lawyer “must refrain from talking about the company or its directors in any social network that she uses to expose her case, as well as in radio or television programs,” she says.
“You must also refrain from carrying out any action that directly or indirectly seeks to discredit the public image” of the corporation. For this reason, you must avoid making “comments or statements, journalistic notes, reports, or exhibitions, manifestations, verbal or written, in any media, printed or electronic, local or federal, including social networks.” Since these could be considered as an object to “vilify, insult or question the quality, probity and honesty” of the company.
The order will be in force until an ordinary civil trial is carried out between Rocío García and Acciona México, although it has not been disclosed when this will happen.
Editorial Team The editorial team of EMPRENDEDOR.com, which for more than 27 years has worked to promote entrepreneurship.