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The Regional Labor Court of the 2nd Region Recognized That a 67-Year-Old Employee Was a Victim of Moral Harassment and Age Discrimination in a Casas Bahia Store, After Being Called a “Witch” and “Old Woman” by Her Manager in Front of Other Employees. The Collegiate Decided to Increase the Compensation for Moral Damage to R$ 25 Thousand, Considering the Severity of the Offenses and the Disrespect for the Dignity of the Worker.
The employee, who had worked for more than ten years in the cleaning department of a unit in Franco da Rocha (SP), reported suffering constant humiliations, being ridiculed because of her age and appearance. The offensive expressions were repeated even in the presence of colleagues, generating public embarrassment and emotional distress.
In addition to verbal assaults, the worker claimed she was forced to buy cleaning supplies out of her own pocket, without reimbursement, which reinforced the feeling of devaluation in the workplace. The TRT-2 concluded that the case constituted moral harassment, violation of human dignity, and ageism, prohibited by the Constitution and the Elderly Statute.
The Judicial Decision
When analyzing the case, Judge Alcina Maria Fonseca Beres recognized the age discrimination and the abusive behavior of the manager.
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Witnesses confirmed that the employee was called “witch,” “old woman,” and “little old lady,” and that the superior encouraged other employees to repeat the offenses, reinforcing the humiliation.
The magistrate emphasized that the company’s behavior violated the principles of equality and human dignity, in addition to contradicting anti-discrimination policies outlined in CNJ resolutions.
According to the ruling, the harassment was repeated, public, and directed at the employee’s age condition, which aggravated the employer’s responsibility.
Value of the Compensation and Pedagogical Effects
In the first instance, the compensation had been set at a lower amount, equivalent to two salaries of the employee.
However, the TRT increased the amount to R$ 25 Thousand, believing that the previous amount did not fulfill the compensatory and pedagogical functions of the reparation.
The collegiate also maintained the payment of maximum degree hazardous duty pay and the reimbursement of cleaning supplies purchased by the worker.
The decision reinforces the understanding that moral damage due to age discrimination requires a response proportional to the severity of the conduct, serving as a warning to companies about the need for adequate training and supervision of their managers.
Ageism and Business Responsibility
Cases like this highlight the advancement of the discussion on ageism in the workplace, a topic that has gained prominence due to the aging of the economically active population.
The TRT-2 emphasized that labor law does not tolerate discriminatory practices of any kind, especially those that reinforce age-related stigmas.
For experts, decisions of this type consolidate a clear message: respect for age diversity is a legal and ethical obligation.
The behavior of managers must reflect internal prevention policies, under penalty of the company being directly held responsible for omission or complicity with abuses.
The condemnation of Casas Bahia for offenses against the 67-year-old employee reaffirms the commitment of Labor Justice to combating harassment and age discrimination.
The compensation of R$ 25 Thousand serves a symbolic and pedagogical role, representing the protection of dignity in the corporate environment.
Do you believe that ageism is still common in Brazilian companies? Should cases like this lead to harsher penalties? Have you witnessed situations of discrimination by age at work? Share your experience in the comments — we want to hear from those who live this in practice.
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