Magazine Luiza is sentenced to compensate former employee for fatphobia in MG

The 2nd Class of the TRT-3 (Regional Labor Court of the 3rd Region) sentenced Magazine Luiza to pay compensation of R$ 5,000 for moral damages to a former stockist who accused the company of fatphobia during the period in which she worked in a store in Pedro Leopoldo, in the metropolitan region of Belo Horizonte (MG).

Magazine Luiza informed, through a note, that it is appealing the decision and that it is “a national reference in the theme of diversity and inclusion”. The network also says that it promotes actions and training that foster a diverse and inclusive environment and works to prevent practices that do not support this objective. The process is awaiting a decision on the admission of a review appeal.

The employee claims to have been the target, for two years, of disrespect and mean comments from co-workers related to her physical appearance. “My ex-manager started to humiliate me not only among us, but publicly,” says Daniela Santos de Oliveira, 32.

In testimony to the 1st Labor Court of Pedro Leopoldo, the former stockist claimed to have a health problem in her stomach, and because of her condition, she heard from her manager that she would receive a pregnant uniform to work, because her clothes were “bursting “.

The former employee, who worked at the company for four years, reported episodes in which the manager told other employees, on different occasions, to be careful, as she could “trap” when helping with routine store tasks, such as pushing a refrigerator.

The former stockist says that she tried to stop the situations and report it to the board, but that there was no solution: “I got tired of asking them to stop these jokes, because it was something serious. [a gerente] nor the company ever listened to me”, he says.

Oliveira says he lost self-confidence and had depressive episodes. “I went into depression, where I gained even more weight. I lived on antidepressants. I always had problems with self-esteem and from then on I got worse and worse.”

Only after being advised by friends and even by clients, she decided to go to court. In the process, other people testified saying they had witnessed situations of disrespect, such as questioning whether she was pregnant.

In the sentence, Judge Marcel Luiz Campos Rodrigues considered that the situations and behaviors not only embarrassed the worker, but also brought psychological shocks, especially because they were spoken in front of other people.

“These comments [no ambiente de trabalho] they cannot have as a background some physiological condition and/or the appearance of the worker, even more so when they are carried out by a person who holds part of the company’s directive power by delegation. […] This conduct, in addition to being unacceptable in any social and professional context, is capable, in itself, of hurting the dignity of the worker”, says the magistrate in the sentence, which determined the payment of moral damages.

The amount of compensation initially stipulated was R$ 10 thousand, but after company resources, it was reduced by the 2nd Panel of the Minas Gerais TRT to R$ 5,000.