ABSTRACT
Having pioneered the process, the United States National Administrative Office (NAO) faced novel cases, as American unions and their Mexican and Canadian allies tested the boundaries of the North American Agreement on Labour Cooperation (NAALC). Submitters pursued cases which could move beyond ministerial consultations to an Evaluation Committee of Experts (ECE) or to arbitration, trade sanctions or fines. The Pregnancy Discrimination case challenged companies which fired or refused to hire pregnant women in violation of Mexican laws. The submission followed a fact-finding mission by Human Rights Watch's Women's Project, which investigated allegations of gender discrimination. Union and human rights activists hoped this case could test the Evaluation Committee process, which they regarded as an untapped potential in the NAALC, even though ECE's could only issue advisory reports which did not lead to enforcement or trade penalties. Workers outlined how they were fired for union activities, while labour experts clarified how the government violated domestic laws and international commitments.
