In a recent ruling (RR-0010629-49.2022.5.15.0089), the 3rd Panel of the Superior Labour Court (TST) found that the dismissal of an employee diagnosed with grade II obesity, who already had bariatric surgery scheduled, was discriminatory.
The case is significant because the TST reinforced an important position: obesity, particularly at higher grades, can generate social stigma and prejudice, triggering the application of the Court's Precedent 443 (Súmula 443), which presumes that the dismissal of employees with potentially stigmatising conditions is discriminatory.
In practice, this means that, in certain situations, it will be up to the employer to prove that the dismissal was based on a legitimate, objective reason unrelated to the employee's health condition.
The ruling reflects an increasingly strict stance by the Labour Courts toward discriminatory practices, including those considered “covert,” expanding the precautions companies must take in dismissal processes, people management, and the documentation of internal decisions.
In this context, preventive legal support becomes essential to reduce labour risks, compensation liabilities and reputational impact.
Given our focus on small and medium-sized businesses, we closely monitor developments in Superior Court case law, advising our clients both on preventive measures and on the strategic handling of complex labour disputes.
We remain available for any questions.
Labour Team
