CNI and CNC go to the Supreme Court against sections of the law that deals with equal pay between genders

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Business entities argue that the rule disregards ‘legitimate hypotheses of salary differences’. The law’s rapporteur says that the text affirms the constitutional principle. The National Confederation of Industry (CNI) and the National Confederation of Goods, Services and Tourism (CNC) entered the Federal Supreme Court (STF) this Wednesday (13) with a lawsuit against sections of the law that require the payment of equal wages for men and women in the same role. The law, sanctioned in July last year, establishes that companies that fail to comply will have to pay a fine equivalent to ten times the salary of the person discriminated against. The text also establishes equal treatment based on race and ethnicity. According to data from the Brazilian Institute of Geography and Statistics (IBGE) released this month, Brazilian women still earn around 21% less than men, despite being more educated. They are also less present in senior leadership positions, despite evidence that diversity improves results. In November, the government published an ordinance regulating the topic, including the preparation of salary transparency reports, plans to correct inequalities and training of managers. Government publishes ordinance that defines rules for equal pay between genders; understand how it will work ‘Legitimate hypotheses’ The entities state that they are not questioning the equality provided for in the standard, but that the standard disregarded “legitimate hypotheses of salary differences based on the principle of proportionality”, such as seniority in the company. “Note that, in this case, the differentiation imposed by the expression here considered unconstitutional is not supported by the constitutional criteria for seeking material or formal equality, since it aligns, in an abstract way, the values ​​of salaries (ignoring the circumstances of equity that would attract and justify, concretely, the disparities)”, says the text. The CNI and CNC stated that “they do not oppose the objective of implementing salary equality and equality, but only seek to provide an appropriate interpretation of the law”. According to the entities, there would be a risk that reports containing absolute values ​​of salaries or average salaries would reveal personal data or business strategies and secrets. The entities ask that the STF determine that the possibility of accruing compensation for moral damage be limited to when discrimination is proven and intentional. The action also requests that no administrative penalty, such as a fine, be imposed without defending the person inspected and that there be no disclosure of personal data in the publication of salary transparency reports and remuneration criteria. ‘Affirmation of the constitutional principle’ Rapporteur of the law in the Senate, senator Teresa Leitão (PT-PE) disagreed with the action presented by the entities. For her, the text approved by Congress is a “fair exhortation and affirmation of the constitutional principle”. Senator Teresa Leitão (PT-PE) reported the project in the Senate and differs from the action presented by the entities. Valdemir Barreto/Agência Senado “The approved legislation, and its consequent regulation, strictly adheres to the necessary and fair affirmation of equal pay and remuneration criteria between women and men for carrying out work of equal value or performing the same function” , said the senator. According to the senator, the law does not prevent legitimate salary differences based on merit, productivity and performance. “It just doesn’t allow machismo and gender conditions to determine salary inequalities for the same work performed,” she said.

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