Proceedings of The 2nd International Conference on Gender Studies and Sexuality
Year: 2022
DOI:
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Discrimination against women in labor: analyzing courts response with jurimetrics
Gilson Junior (Gilson Oliveira da Silva Junior) and Luciana Morilas (Luciana Romano Morilas)
ABSTRACT:
In Brazil, women had an average monthly income 28.7% lower than men in 2019 – the world average by OECD is 12,5%. Beyond the gender gap, 22% of Brazilian women inform they have already suffered gender-based violence in the workplace. To study how Brazilian Labor Court address the problem, we analyze lawsuits referring to “discriminatory act against women” from 2012 to 2020, aiming at checking any change in judgment patterns. To reach this objective, we collected data from a Brazilian Labor Court in the inner of the richest state of the country (São Paulo), a wealthy area with lots of industries and high demand for labor problems. We study the lawsuits path – using process mining –, their duration, and the output of the decisions (dismissed / accepted / partially accepted) with a focus on the possible differences throughout time. We have collected 1.279 lawsuits, some of which were filled by men. This might indicate women are not stimulated to fight for their rights. Lawsuits proposals rise throughout the time, with a reduction after 2017, due to a change in Brazilian labor law unrelated specifically to women. Even if we see some increase at the beginning of the time series, we still have very short numbers of lawsuits defending women’s rights in employment relationships.
keywords: discrimination, gender, judicial decisions, jurimetrics, labor.