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Discrimination for not conducting a face-to-face interview?

With the arrival of the COVID-19 pandemic, conducting interviews and meetings through virtual platforms such as Zoom and Microsoft Teams became more common. However, not all people can participate in equal conditions in these spaces, either due to some disability or lack of access to technology. The Constitutional Chamber recently issued a ruling in this regard.

In judgment 21509-2022, the Constitutional Chamber heard a writ of amparo filed by a citizen who claimed that due to his disability and not having access to a telephone or internet, he could not participate in a virtual interview for a recruitment process in the Ministry of Justice and Peace. The citizen claimed that this situation was discriminatory and violated his human rights.

The Constitutional Chamber found that the citizen was a person with disabilities who did not have access to a telephone or a stable internet connection to join a virtual interview. The citizen reported this situation to the Ministry and therefore requested a face-to-face interview. However, his request was not granted, he was unable to conduct the interview and did not move forward in the recruitment process.

The Constitutional Court considered that by not allowing him to carry out the interview in person (despite the fact that there was a circular that allowed both virtual and face-to-face interviews), the Ministry violated the citizen’s right to participate on equal terms in the recruitment process. Accordingly, the Constitutional Chamber ordered that if the recruitment process was held again, anyone who so requested, including the plaintiff in this case, had to be allowed to conduct the interview in person.

At CELIG we provide specialized services to the LGBTQI+ community. If you want more information or make an appointment with us, call us at 4800-0248 / 2245-0855 or write to us at info@celigcr.com.

We are located in San José, Barrio Escalante.

M.Sc. Ana Isabel Sibaja Rojas

CELIG – Center for Equal Litigation