Granito Boneli

Regional Labor Court reinforces that racial offenses, even framed as jokes, represent serious violations of dignity and respect in the work environment.

The 4th Panel of the Regional Labor Court of the 15th Region (Campinas/SP) upheld the dismissal for just cause of an employee who made racially offensive comments toward a colleague, claiming they were merely jokes. The case sets an important precedent by recognizing the seriousness of so-called “recreational racism” in employment relations.

According to court records, the dismissed employee referred to his Black colleague as a “slave,” made whipping gestures, and used racially charged language in a mocking tone. Upon learning of the incident, the employer conducted an internal investigation and opted for the most severe disciplinary measure — termination for just cause.

The employee challenged the dismissal in court, arguing that there was no intent to offend and that the comments were made in jest. However, the presiding judge, Justice Gisela Rodrigues Magalhães de Araujo e Moraes, emphasized that the concept of “recreational racism” — a term introduced by legal scholar Adilson Moreira — does not lessen the harm but instead exposes a social pattern of tolerance toward prejudice under the guise of humor.

The ruling reaffirms that human dignity and mutual respect are fundamental pillars of the workplace and that any form of discrimination is incompatible with these values. The decision underscores the employer’s legal and ethical duty to act firmly against discriminatory behavior, thereby promoting a respectful and inclusive organizational culture.

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Source: https://trt15.jus.br/noticia/