A company in the financial services sector will have to pay BRL 10,000 in moral damages to a transsexual employee for having disrespected his gender identity and his request for the use of his social name in the workplace. The decision of the 17th Panel of the TRT-2 increased the amount of compensation, which had been arbitrated at R$ 6,000 by the court of origin.
According to the court, the employee was offended when one of his colleagues was talking to a customer about a sale made by the complainant. In the dialogue, the aggressor insisted on using the female civil name instead of the professional’s social name. For the judge-rapporteur Catarina von Zuben, “it appears that the author was embarrassed by the representative for a behavior based on the unfairly disqualifying criterion of gender identity”.
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The magistrate claims the offender’s attitude goes against the “Principles of Yogykarta”, an international document that seeks the application of human rights to the LGBTQIAPN+ community. It also affronts Convention 111 of the International Labor Organization, which requires signatories to act against discrimination in the work environment. Finally, it violates Law 9029/1995, which prohibits discriminatory practices in employment relationships.
Trans people can apply
Thays Brasil, from Feltrin Brasil Tawada Advogados, explains that when the company refuses to use the corporate name, compensation is almost certain, if there is evidence of this act, as this is necessary for the characterization of something indemnifiable.
“It is very important that these people gather evidence during the course of the employment contract regarding the denial of the use of the social name. It is common to see cases of people who are hired as trans people, using their social name, but they deal daily in the workplace with all the records made with their name on civil identity documents. It is up to the employer to make these changes based on the simple manifestation of the trans person’s will”, reinforces Thays.
It is worth remembering that the Decree No. 8.727/2016 deals with the use of the social name and the recognition of the gender identity of transvestites and transgender people within the scope of the federal public administration. Art. 4, for example, provides for the corporate name in official documents if expressly requested by the interested party.
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