DISCRIMINATION IN THE WORKPLACE

Abstract

Discrimination in the workplace poses a critical challenge to labor law and the principles of human dignity and equality in Brazil. This phenomenon manifests itself in multiple forms, both direct and indirect, encompassing prejudices based on gender, race, age, sexual orientation, disability, and religion. Such practices not only violate workers' fundamental rights but also harm productivity and the organizational climate. Despite a robust regulatory framework, including the Consolidation of Labor Laws (CLT) and the Federal Constitution, the persistence and subtlety of discrimination demand ongoing reflection on the effectiveness of protection and redress mechanisms. This article addresses this urgency by analyzing the classifications of discrimination and highlighting the importance of the concept of intersectionality, which recognizes the cumulation of oppressions and the heightened vulnerability of certain groups. The research focuses on investigating the main evidentiary challenges for victims, given the difficulty of obtaining direct evidence. In this sense, it is crucial to evaluate how Brazilian jurisprudence has positioned itself, particularly through the relaxation of the burden of proof and the reversal of the burden, emphasizing evidence and presumptions. The central objective is to analyze the effectiveness of these instruments in ensuring full compensation for moral and existential damages. Ultimately, the study aims to propose improvements that strengthen the fight against discrimination and promote an equitable, inclusive labor market fully aligned with social justice.