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TST decides which flight attendant will receive reimbursement for makeup expenses

A Seventh Panel of the Superior Labor Court condemned TAM Linhas Aéreas SA to reimburse a flight attendant for makeup expenses. The collegiate reaffirmed the case law of the TST that expenses with personal appearance, such as makeup, nail polish, shoes and other items of mandatory use, must be reimbursed.

woman's personal choice

The employee's request had been granted in the first degree, but the Regional Court of the 2nd Region excluded from the sentence the reimbursement of makeup expenses, understanding that the flight attendant herself had admitted, in testimony, that she used makeup on a daily basis. As a result of this statement, he concluded that she would wear makeup by personal choice, regardless of the employer's recommendation.

gender stereotype

Minister Cláudio Brandão, rapporteur of the employee's appeal, argued that the TRT's decision is based on a gender stereotype attributed to women and adopts a sexist view, assuming that all women commonly wear makeup. The rapporteur's vote records that the conclusion adopted at the origin is based on the "duty of each sex", attributing to women the obligation to always wear makeup in situations of public exposure, including at work. This understanding, in his view, is mistaken and cannot go unnoticed by the Judiciary.

Conclusion

In this context, the Panel reinstated the sentence to order the airline to pay an average monthly compensation of R$ 50 for the employee's makeup expenses.

The decision was unanimous.

 

Process: RR-1001898-12.2016.5.02.0706

 

Read also 

 

Street: Superior Labor Court

 

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