Salvador Jewelry Store Fined R$15,000 for Employee Rape by Security Guard
A jewelry store in Salvador, Bahia, has been ordered by the Regional Labor Court of Bahia (TRT-BA) to pay R$15,000 in damages to a 19-year-old saleswoman. The employee was raped in 2025 by a man who served as the establishment's security guard. The court's Fifth Chamber announced the decision on Tuesday, the 21st, and an appeal is possible. The victim reported persistent harassment from the suspect, including sexually suggestive comments and invitations. The assault occurred after she closed the store; the suspect lured her to a nearby alley, which led to his residence, and then forced sexual relations at gunpoint. She reportedly lied about having HIV to deter him, but he proceeded with the assault using a condom. He allegedly urged her to remain silent, claiming the act was "manly." Fearing repercussions, she initially complied but later confided in her family, who encouraged her to report the crime. Following the incident, she took medical leave, citing post-traumatic stress and requiring psychiatric medication, and sought indirect termination of her employment contract. The company attempted to frame her departure as voluntary resignation. The security guard denied the allegations, claiming consensual relations, but his testimony contained contradictions, and witnesses confirmed his presence during closing hours and his prior attention to the victim. The TRT-BA found the company liable, noting the crime's connection to the work environment and the store's failure to provide psychological support, while also attempting to shift blame by claiming the guard was a third-party contractor and the crime occurred off-premises. The court determined the abuse stemmed from the work relationship, as the guard maintained contact with the employee during store closing, and unanimously upheld the indirect termination and the R$15,000 compensation.
This ruling highlights the critical responsibility of employers to ensure a safe working environment, extending beyond direct supervision to encompass the conduct of individuals providing security, even if contracted. The court's decision underscores that the nexus between the assault and the employment relationship, facilitated by the security guard's access and proximity during work hours, is paramount. It suggests a potential systemic failure in the company's due diligence and oversight mechanisms, particularly concerning the vetting and monitoring of security personnel. The company's attempts to disclaim liability by citing external factors or third-party status may indicate a broader trend of seeking to minimize corporate accountability in cases of employee harm. Moving forward, businesses may need to re-evaluate their risk management frameworks to proactively address potential vulnerabilities arising from employee interactions with all on-site personnel, anticipating the increasing complexity of workplace safety in evolving economic and social landscapes.
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