Focus on: Workplace Harassment: A Legal and Ethical Challenge in Corporate Environments.

In the contemporary business landscape, the issue of workplace harassment is a topic of growing importance and concern. Workplace harassment not only affects the psychological well-being of employees but can also have serious legal implications for employers and employees, in addition to potential damage to the reputation and image of companies in society and within the Judiciary itself.

The workplace, whether virtual or physical, is where a significant part of people’s lives unfolds, and therefore, it should be a space where all individuals feel respected, valued, and safe.

However, in recent years, workplace harassment has emerged as a significant challenge, both from a legal and ethical standpoint, especially after the International Labour Organization (ILO) published Convention No. 190 (the first international treaty to recognize the right of all individuals to a world of work free from violence and harassment) and the Brazilian Government enacted Law 14,457/22, which established the Emprega + Mulheres Program and imposed multiple obligations regarding the prevention of all forms of violence in the workplace, including Workplace Harassment.

ILO Convention 190 has not yet been ratified by the Brazilian National Congress, meaning it is not yet in force in Brazil, but the Federal Government submitted its text for approval on March 9^th, 2023.

Furthermore, the Judiciary has also been increasing its concern regarding the issue, and the National Council of Justice (CNJ) approved Resolution No. 492/23 in March, which requires the adoption of Gender Perspectives in the judgments by the Judiciary’s bodies, following a protocol approved by the Working Group established by CNJ Ordinance No. 27/2021, specifically addressing how Labor Justice should deal with the issue of workplace harassment and sexual harassment in its decisions.

Considering this entire scenario, the Brazilian Superior Labor Court, based on the guidelines of the aforementioned Resolution, has been convicting companies in recent decisions to pay substantial moral damages compensation due to the practice of workplace harassment, even using some concepts presented and updated by ILO Convention 190.

The Superior Labor Court states in its decisions that it is the company’s duty to provide a safe environment and prioritize the mental, physical, and emotional well-being of its employees, which is often not the case.

Furthermore, recurrent convictions for workplace harassment can reinforce the occurrence of this practice in the corporate context, which also implies serious difficulties for companies in labor lawsuits.

Furthermore, in line with the ESG (Environmental, Social, and Governance) agenda, this is also a concern of the United Nations (UN), which deeply incorporates the topic into corporate discussions through the 2030 Agenda, with specific goals of achieving gender equality, including in the workplace, promoting sustained, inclusive, and sustainable economic growth, full and productive employment, and decent work for all, as well as fostering peaceful and inclusive societies for sustainable development, ensuring access to justice for all, and building effective, accountable, and inclusive institutions at all levels (Goals 5, 8, and 16 of the 2030 Agenda).

However, society is undergoing a true and rapid transformation, with structural inequalities and cultural clashes related to ethnic, gender, age, religious, and other issues that, without a collaborative, ethical, inclusive, harmonious, and respectful work environment, can lead to workplace harassment.

Accordingly, companies face a tremendous challenge in terms of disseminating the topic within their structures and combating it vigorously. On the other hand, there is also a sea of opportunities to promote a collaborative and mutually respectful work environment, with the possibility of making a strong contribution to achieving a more humane, fair, supportive, and fraternal society.

Author:

Giovanni Anderlini Rodrigues da Cunha

Senior lawyer and leader of the advisory labor team at Finocchio & Ustra Sociedade de Advogados.