The First Chamber of the Regional Court Work Paraná ordered Kraft Foods in Brazil to pay R $ 5 thousand ($2,000) for moral damages to a transgender employee. The conviction was motivated by the fact that the company determined, after she had been using the woman’s facilities, that she should use the men’s bathrooms.
According to the judge Edmilson Antonio de Lima, the conduct of business was discriminatory, violating item IV of Article 3 of the Constitution. “The complainant is seen as a woman and so expects to be treated by society in respect for the principle human dignity, without any discrimination “, he said.
Edmilson Antonio de Lima also pointed out that demonstrated in the process that the company’s facilities include private bathrooms and showers, and there is no need of the woman to undress fully in front of the other. Thus, in his view: “The situation of the author be seen underwear before the male employees seems more uncomfortable than female employees are of lingerie by the plaintiff views, which is also seen as a woman.” With this understanding, the First Panel decided to reverse the decision of origin, granting the worker to compensation for moral damages.
The right of the transsexual be treated socially consistent with their sexual identity is subject to general repercussion recognized by the Supreme Court (STF). The matter is addressed in the Extraordinary Appeal (RE) 845 779, Rapporteur of the Minister Luis Roberto Barroso, in which he discusses compensation for moral damages demanded by a transsexual would have been embarrassed by an employee of a shopping mall in Florianópolis (SC) to try use the ladies’ room. The manifestation of the Minister Luis Roberto Barroso to recognize general repercussion of the matter was followed by majority decision in the Virtual Plenary of the Court.
Why this is so important…..
My people are being slaughtered in the streets of Brazil. Its fucking TIME that major corporations, especially US based KRAFT Foods act morally given that they were awarded a perfect score by HRC November 19th 2014.