Characterization of hostile work environment sexual harassment towards women in labor relations under the perspective of the jurisprudence of the Regional Labor Courts of the 2nd and 15th Regions

Author(s)

Ana Clara Tristão

• Document type: Master's Dissertation
• Press: Franca. 2020-12-14.
• Institution: Universidade Estadual Paulista (Unesp). Faculdade de Ciências Humanas e Sociais. Franca
• Defense date: 2020-12-07
• Advisor: Victor Hugo de Almeida

Abstract

Among the various forms of inequality and discrimination to which women are still subject in the workplace, sexual harassment, understood as any abusive conduct of sexual nature that could harm the personality rights, dignity or psychophysical integrity of the worker, culminating in environmental degradation, stands out. Due to the gender relations that have historically imposed male dominance, the practice of sexual harassment against women should be addressed beyond its criminal offense, i.e., quid pro quo sexual harassment, recognizing hostile work environment sexual harassment as a labor-environmental damage, considering that the condition of an aggressor's ascendancy is not a mandatory element for the practice of sexual harassment in the labor perspective. Thus, this research aims to analyze the understanding of the Labor Court concerning the characterization of hostile work environment sexual harassment against women in labor relations. Therefore, bibliographic research and jurisprudential research in the Regional Labor Court of the 2nd Region and in the Regional Labor Court of the 15th Region will be used as methods of procedure; and the deductive and inductive method will be used as the methods of approach. It is concluded that despite the advances achieved by women through feminist movements and the growing female presence in the workplace, the reality still demonstrates a situation of profound inequality between men and women, permeated by violence and discrimination, confirming the need for expansion policies that promote the empowerment and emancipation of women and for recognition of hostile environment sexual harassment. (AU)

• FAPESP's process: 18/18201-6 - Characterization of hostile work environment sexual harassment towards women in labor relations under the perspective of the jurisprudence of the Regional Labor Courts of the 2nd and 15th Regions
• Grantee: Ana Clara Tristão
• Support Opportunities: Scholarships in Brazil - Master