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AFTER MATERNITY LEAVE
Bank ordered to pay R$75,000 for ‘structural sexism’ against employee in Bahia
Bank employee claims she went on maternity leave and roles were downgraded after returning to work
Published on October 21, 2024 at 11:01

Bradesco Agency Credit: Wendel de Novais/CORREIO
Banco Bradesci was ordered to compensate an employee with R$75,000 for discriminatory conduct at a branch in Jequié, in the center south. According to the Labor Court, the discrimination occurred after an account manager returned from maternity leave. When she returned to work, the banker began to perform auxiliary functions for months, different from those she previously performed.
The decision was issued by the 2nd Panel of the Regional Labor Court of Bahia (TRT-BA). According to the process, the practice was not repeated with men who left for health reasons, only with mothers. The decision may be appealed.
The employee worked as an account manager at a Bradesco branch in Jequié and went on maternity leave. Just seven days after his departure, colleagues informed him that another person had been promoted to fill his role. According to the bank, the general manager informed her that the bank was looking for a branch in another city for her to work. She informed him that she did not want to move as she had a newborn baby.
She states that, when she returned to the agency, she was made available to carry out activities such as reception, self-service and support for various sectors. The employee said that this situation also occurred with other colleagues who went on maternity leave, but not with male employees who took sick leave for periods of four to five months. In the case of men, they always returned to the same position or portfolio.
The reporter contacted Bradesco to obtain clarification about the complaint and is awaiting a response.
For the Court, the bank denied that there is a compulsory transfer of women returning from maternity leave and stated that the employee was not transferred. He further stated that she maintained the same position and remuneration, admitting that there were temporary changes in tasks after her return. Bradesco contested the allegation of structural sexism.
When judging the case, judge Maria Ângela Magnavita, from the 1st Labor Court of Jequié, considered a judgment with a gender perspective necessary. She noted that, after her dismissal, the bank placed another person in the employee’s position permanently. When the manager returned, she was forced to perform tasks at a lower hierarchical level until a vacancy arose. This only happened when another colleague went on maternity leave. Upon returning, this second employee was not demoted in position or activities, but was transferred to another agency.
The judge highlighted that this procedure was only applied to women who went on maternity leave, demonstrating unequal treatment based on gender. As a result, he ordered Bradesco to compensate the employee.
Both parties, the bank and the employee, appealed to the Court. Judge Maria de Lourdes Linhares was the rapporteur of the case in the 2nd Panel. She agreed with the analysis of the judge from the 1st Labor Court of Jequié. According to the rapporteur, both the Trial Protocol with a Gender Perspective and decisions of the Federal Supreme Court indicate that motherhood cannot be a burden for women.
The judge highlighted that the bank treated the employee, who chose motherhood, as incapable of resuming her career with the same dedication as men who return from other types of leave. She also pointed out the persistence of a “structurally sexist” business policy, as Bradesco was condemned in other similar actions. The compensation was set at R$75,000, with the votes of judges Ana Paola Diniz and Marizete Menezes.
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