The Drogasil employee who will not be called by his company name will receive compensation of R$15,000
Summary
The 2nd Region Labor Court has ordered a pharmacy chain to pay R$15,000 to a transgender assistant for not addressing him by his social name.
The 2nd Region Labor Court has ordered a pharmacy chain to pay R$15,000 in non-pecuniary damages to a transgender employee for disrespecting gender identity and requiring the use of social names in the workplace. According to the ruling of the 46th Labor Court of São Paulo-SP, all functional registers, until the contract expired, did not use the employee’s company name.
In the deposition, a witness stated that the immediate superior called the complainant by his old name and told his colleagues to do the same. He also stated that the boss did not authorize the change of name on the badge and that he addressed “joking words of a pejorative nature” to the professional because he was transgender.
For Judge Karoline Sousa Alves Dias, it was clear that Raia Drogasil “never gave the complainant the due nominal treatment, treating him with the name of his previous gender, in contrast to the identity card itself, which already included the identity of the male gender”. She stressed that it is essential to require workers to be addressed by their corporate name, already duly incorporated into their personal documents.
In the decision, the judge mentioned decree no. 55.588/2010, which obliges public bodies in the State of São Paulo to respect the company name in nominal treatment, deeds and procedures. It also brought decree no. 8.727/16, which deals with the matter in the context of direct, autonomous and fundamental federal public administration. “The references (…) while not specifically regulating the situation of employee-employer, highlight the necessary observance of the company name, which must also be highlighted with respect to the name contained in the registry, in order to achieve the purpose of its existence “, he valued.
The judge considered the company’s responsibility towards the working environment, “having to guarantee not only safety and physical well-being, but also a dignified, respectful and psychologically healthy environment”. And it concluded that the defendant committed a negligent tortious act that impaired the employee’s right to human dignity.
Pending appeal analysis process.
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Source: Terra
Ben Stock is a lifestyle journalist and author at Gossipify. He writes about topics such as health, wellness, travel, food and home decor. He provides practical advice and inspiration to improve well-being, keeps readers up to date with latest lifestyle news and trends, known for his engaging writing style, in-depth analysis and unique perspectives.
