‎Brazil News

 

Employee called fat nigger by supervisor will receive compensation

The repair was set at R$9.7 thousand.

From the Editors

 

Friday, November 8, 2024

 

Updated at 09:52

 

To share

 

An engineering services company was ordered to pay compensation to a plumbing installer who was called "fat", "black guy" and "fat black guy" by his supervisor. The compensation was set at R$9,700.

 

In the decision, Labor Judge Lucas  Vieira, from the 1st Labor Court of Canoas/RS, considered that the racial offenses and those related to the employee's physical condition, committed by a hierarchical superior and proven by witnesses, constitute vertical moral harassment.

 

The judge, in his reasoning, highlighted that the Judiciary needs to address various forms of oppression in the workplace, including race, gender, class and physical condition. According to him, judicial intervention must begin with an understanding of how racism, patriarchy, class oppression and other discriminatory systems generate inequalities that structure the relative positions of black people, women, races, ethnicities and social classes.

 

In this context, the judge emphasized that it is the magistrate's responsibility to manage the process, ensuring equal treatment between the parties and observing the principle of non-discrimination based on ethnic-racial grounds and other characteristics.

 

In addition, the judge must take into account that his social context often differs from that of the party seeking to have his right recognized.

 

 

Called a "fat black guy" by his supervisor, a plumber obtains compensation for moral damages. 

The judge noted that, in this case, the worker finds himself in an intersection of vulnerability, suffering prejudice both because of his race and his weight. He stressed that "recreational racism," which involves racist insults disguised as a joke, should not be minimized. The judge also noted that, although the company had a reporting channel, the worker did not use it for fear of retaliation.

 

Throughout history, black people have suffered and continue to suffer from many negative stereotypes, with labels that seek to make them inferior, directly or indirectly. It is therefore necessary to be aware of all possibilities of discrimination that may occur in the workplace, moving away from the idea of ​​naturalizing or trivializing racism or even imposing nicknames in a joking tone that distances itself from the idea of ​​prejudice (recreational racism).

 

The judge concluded that the company failed in its contractual obligation to guarantee a work environment free from discrimination and threats, which caused anguish and suffering to the worker, violating his dignity, image and honor. Therefore, the requirements for the company to be held civilly liable were met, according to articles 186 and 927 of the Civil Code, and the claim for compensation was granted.

 

In the same case, the worker also obtained the right to replacement salary and differences in severance pay. The total provisional value of the sentence is R$15,000.

 

The case number was omitted by the court.

 

Information: TRT of the 4th region.

 

link: https://www.migalhas.com.br/quentes/419571/empregado-chamado-de-negao-gordo-pelo-supervisor-sera-indenizado