In January of this year, National Institute for Competition and Intellectual Property Protection (Indecopi) ordered Hyperbodega Price One’, Hypermarkets Tottus SA’s network for acts of discrimination against a transgender woman.
According to the case, she entered the institution during the quarantine period, when the Government set dates based on gender. They did not let him in, and also demanded that he show his DPR, despite the fact that this was not a requirement for access to the said premises.
At the same time, Indecopi imposed a fine of S / 23 thousand, but this was not the only act of discrimination recorded this year. In the mall Chimbote Mega Plazathey also prevented a transgender woman from entering the women’s restroom, for which she was also fined S$23,000.
Those are two sanctions imposed for gender discrimination this year, but in the last four Indecopi has imposed 79 fines for consumer discrimination of any kind, whether it be because of race, ideology, language, religion, economic status or any other reason.
At what point can you exclude a consumer?
In both cases, Indecopi confirmed that the victims did not disturb the peace of other consumers, and the establishment had no particular reason to prevent.
According to him Consumer Protection and Protection Code Exclusion of people is prohibited without objective and reasonable reasons, such as a violation of security or peace. According to this assumption, only drunk people or people with weapons could not be allowed into a trading establishment.
How much can you be fined for a discriminatory act?
The institution recalled that any act of discrimination based on race, gender, sexual orientation, religion, belief, economic status or any other reason is prohibited and can be imposed up to 450 tax units (UNT), equivalent to S/2,070,000.00.
From March 22, 2020 to May 29, 2022, the Indecopi Special Monitoring Center recorded 372 reports of discrimination and differential treatment in trade and industry.
Source: RPP
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