Call center company will have to compensate trans man

A call center company located in Juiz de Fora, in Zona da Mata Mineira, was sentenced to pay compensation of R$5,000 for moral damages to a former employee due to the omission of his social name in the company’s system. The decision is from the Regional Labor Court (TRT-MG) of the 3rd Region.

The worker, identified as a trans man, claimed that, despite this, the company’s system contained his registered name, causing several embarrassments during his working period. He reported that operators frequently questioned his identity in front of colleagues and superiors, in addition to finding his registered name on attendance lists, which caused discomfort. This situation also occurred during weekend work, when the lists were accessible to all employees and supervisors.

According to the worker’s testimony to the Regional Labor Court (TRT-MG) of the 3rd Region, other trans employees also faced similar situations in the company, and despite complaints to the Human Resources sector, no measures were taken to resolve the problem.

Judge Luiz Olympio Brandão Vidal, considering the reports of the worker and witnesses, decided that the company should pay compensation for not having avoided the embarrassment faced by the employee.

“It is the employer’s obligation to guarantee the fundamental right to safety and physical and mental health of its employees, and must adopt effective inclusion and diversity policies for trans people. It is noted that it has been proven that, although the employer has taken some measures, such as issuing a badge with the author’s social name, the other systems mention his registered name, that is, such measures, unfortunately, were not sufficient to prevent that the author is subject to episodes of embarrassment on the part of some of the defendant’s employees”, said the judge in the decision.