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Tuesday, August 6, 2019
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Nature of the Case

To protect equality between men and women in the workplace, Brazil’s Supreme Federal Tribunal construed a constitutional amendment as not limiting the salary level that social security would cover for pregnancy-related leave.

Enforcement of the Decision and Outcomes

As a result of this case and other later reforms, women in Brazil currently have the right to 100% pay for up to 180 days of pregnancy-related leave in the federal public sector and 120 days of such leave in the private sector, the latter of which can be extended to 180 days if the employer voluntarily adheres to the Company-Citizen Program. Employers get compensated out of social security funds for the salaries paid to their women employees during these periods.

Significance of the Case

This case upholds a woman’s right to a full salary during pregnancy-related leave. The decision also strongly acknowledges that sex discrimination can stem from facially neutral rules. The Court understood that Amendment 20’s application to pregnancy-related leave would be unconstitutional because it would incentivize gender-based discrimination in the field of employment.

For their contributions, special thanks to ESCR-Net member: the Program on Human Rights and the Global Economy (PHRGE) at Northeastern University.