"Surveillance in an Intimate Area: Hospital Accused of Watching Some Lockers"
Metropolitain Hospital Slapped with R$ 13,000 Fine for Invasive Surveillance
A cleaner at a busy metropolitan hospital in Porto Alegre was awarded R$ 13,000 in moral damages after the employer installed surveillance cameras in the worker's locker room. The ruling came from the 1st Panel of TRT-RS, who overturned the decision of the 5th Labor Court of Canoas, which had initially refused the worker's claim.
The vexatious installment of cameras wasn’t just an invasion of privacy, but also exposed the female employees to lewd remarks from a fellow employee monitoring the footage. According to a witness, he made demeaning comments about the women's appearance, going as far as to criticize their beauty and body.
Gender Violence in the Workplace
Judge Roger Ballejo Villarinho emphasized the need to examine the case through a gender lens, considering the vulnerability of women in surveillance-prone work environments. He argued that the cameras' installation in clothing change areas was beyond reasonable suspicion, amounting to an abuse of power and a blatant disregard for the workers' right to privacy.
Even though the cameras did not capture shower or restroom areas, their presence created a climate of discomfort for the workers, who found themselves constantly on guard, unsure of where they could relax without being watched.
Compensation and Recourse
The monetary compensation for moral damages was set at R$ 13,000, but the total provisional condemnation amounts to R$ 45,000, taking into account other aspects of the case. The decision was unanimous and included the votes of Rosane Serafini Casa Nova and Ary Faria Marimon Filho. The defendants have the option to appeal the ruling at the Superior Labor Court (TST).
In Brazil, labor laws prioritize employee privacy and provide protection against gender-based harassment. The TST takes a firm stance against unwarranted surveillance, especially in sensitive areas like changing rooms. The consequences for violations can be severe, including fines, suspension of operations, or even jail time for repeat offenders.
- The vexatious installment of cameras in the clothing change areas of Metropolitain Hospital, as highlighted by Judge Roger Ballejo Villarinho, underscores the importance of workplace-wellness and health-and-wellness, particularly in the context of science and sexual-health.
- The TST, in this case, has emphasized the gravity of violating employee privacy, particularly in sensitive areas like changing rooms, and has penalized Metropolitain Hospital with a fine, further stressing the significance of preventing gender violence in the workplace.
