Post by xyz3800 on Feb 28, 2024 0:47:36 GMT -5
The employee must not be punished due to the need for safety in civil aviation activities. With this understanding, the 1st Panel of the Superior Labor Court confirmed the existence of collective moral damage caused by American Airlines when subjecting employees and service providers in Brazil to the lie detector. reproduction American airline causes moral damage by using polygraph in Brazil, Superior Electoral Court rules. The decision was made in a review appeal filed by the defendant against the decision of the Regional Labor Court of the 10th Region that sentenced her to pay collective moral damages of R$ 1 million reais. The company argued that international air transport requires rigor to guarantee the safety of passengers and workers, since there are bad actors on planes such as smugglers, drug traffickers and terrorists.
The thesis was not accepted by the appeal's rapporteur, minister Hugo Carlos Scheuermann, who maintained the regional court's decision. He highlighted that, according to TST jurisprudence, the use of a polygraph violates the employee's privacy and is not justified due to the necessary security in civil aviation activities. The case American Airlines carries out polygraph tests on employees and service providers in areas considered capable of Exit Mobile Number List compromising the safety of the activity, such as loading and unloading cargo or passengers, security areas themselves and similar areas. In a public civil action, the Public Ministry of Labor pointed out the existence of a repeated practice of subjecting employees, job candidates and outsourced workers to the lie detector, and asking questions that would invade their privacy. In the first instance, the action was dismissed as unfounded.
The court understood that, as there is no legal prohibition in this regard, the use of the device is legitimate. The decision considered the prevalence of the interests of society as a whole, from the aspect of passenger safety, over those of a certain professional group. The Regional Labor Court of the 10th Region understood that the company's conduct violated the fundamental rights of human dignity, privacy and, in particular, free access to employment and decent subsistence. The court highlighted that, in the tests, questions were asked about topics such as hospitalization, alcohol or drug consumption, criminal records “and even questions about honesty that invaded the workers' intimate sphere”. In addition to ordering the defendant company to pay compensation for collective moral damages of R$1 million, the regional court determined that the airline no longer required submission to a polygraph test under any circumstances, whether for admission to employment or for change of work sector.
The thesis was not accepted by the appeal's rapporteur, minister Hugo Carlos Scheuermann, who maintained the regional court's decision. He highlighted that, according to TST jurisprudence, the use of a polygraph violates the employee's privacy and is not justified due to the necessary security in civil aviation activities. The case American Airlines carries out polygraph tests on employees and service providers in areas considered capable of Exit Mobile Number List compromising the safety of the activity, such as loading and unloading cargo or passengers, security areas themselves and similar areas. In a public civil action, the Public Ministry of Labor pointed out the existence of a repeated practice of subjecting employees, job candidates and outsourced workers to the lie detector, and asking questions that would invade their privacy. In the first instance, the action was dismissed as unfounded.
The court understood that, as there is no legal prohibition in this regard, the use of the device is legitimate. The decision considered the prevalence of the interests of society as a whole, from the aspect of passenger safety, over those of a certain professional group. The Regional Labor Court of the 10th Region understood that the company's conduct violated the fundamental rights of human dignity, privacy and, in particular, free access to employment and decent subsistence. The court highlighted that, in the tests, questions were asked about topics such as hospitalization, alcohol or drug consumption, criminal records “and even questions about honesty that invaded the workers' intimate sphere”. In addition to ordering the defendant company to pay compensation for collective moral damages of R$1 million, the regional court determined that the airline no longer required submission to a polygraph test under any circumstances, whether for admission to employment or for change of work sector.