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Decision Imposes R$ 160 Thousand and Determines Issuance of Retroactive CATs, as Well as Readaptation of the Employee for Land Work
The 8th Labor Court of Vitória condemned an offshore company specializing in offshore infrastructure to pay R$ 160 thousand to a worker for moral harassment, with episodes of fatphobia.
The ruling acknowledged a hostile work environment, with gender discrimination, violation of medical confidentiality, and exposure of sensitive health data.
The fixed amount combines different unlawful conduct attributed to the company, including occupational disease, discrimination based on Body Mass Index, BMI, as well as moral harassment and violation of medical confidentiality.
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What Happened and Why This Attracted Attention
The worker stated that she suffered discrimination due to overweight since her admission and that she was forced to participate in weight loss programs.
There was also an illegal suspension, based on BMI, even without any indication of clinical problems.
The ruling treated fatphobia as discrimination based on weight and body type, highlighting the gender bias identified in the case.
What Influenced the Ruling of R$ 160 Thousand
Judge Luís Eduardo Couto de Casado Lima pointed out that the compensation resulted from the sum of unlawful conduct recognized in the process.
Among them were moral harassment, discrimination based on BMI and gender, recognition of occupational disease, and violation of medical confidentiality.
The decision also mentioned Law 13,709/2018, General Data Protection Law, when addressing the exposure of health information.
Who Has the Right and What the Law Says When Applicable
The foundation cited Convention No. 111 of the ILO, ratified by Brazil, when addressing the prohibition of discriminatory practices that harm equal employment opportunities.
The ruling classified discrimination based on weight and body type as unlawful conduct when it nullifies equality of conditions at work.
The discussion also reached the topic of medical confidentiality, with protection for health information considered sensitive data.
How CAT and Readaptation Work in This Case
In addition to the compensation, the company was ordered to issue retroactive CATs within 30 days after the final judgment.
Failure to comply will incur a daily fine of R$ 500.
The ruling also determined the readaptation of the worker to a function compatible with her health restrictions in the onshore regime, with maintenance of equivalent remuneration and benefits to the position previously held.
What Extra Requests Were Made and What Was Denied
The defense requested payment of a pension based on the recognition of psychological and physical illnesses attributed to work.
Diseases such as Burnout syndrome, panic disorder, depressive disorder, and adjustment disorder were cited, along with injuries from repetitive strain.
There was also a request for coverage of medical treatment, monthly pension, issuance of CAT, and change of activity from offshore to onshore, along with functional relocation.
The judge rejected the requests for pension and full coverage of medical treatment due to lack of factual grounds, and also denied lifelong maintenance in the health plan.
What May Happen from Now On
The company must comply with the determinations after the final judgment, adhering to the 30-day deadline for retroactive CATs.
The readaptation to the onshore regime becomes mandatory, with an equivalent remuneration and benefits.
The decision reinforces that discriminatory practices and exposure of health data may result in financial consequences and additional obligations for the company.
The ruling fixed R$ 160 thousand and linked the compensation to moral harassment, fatphobia, gender discrimination, occupational disease, and violation of medical confidentiality.
In addition to the payment, the company will have to issue retroactive CATs and readapt the worker for land activity, ensuring conditions equivalent to the previous ones.
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