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A court in Malaga has ordered the bakery owner, who was accused of using homophobic slang in the justification for the salary payment of an employee after learning of his sexual orientation, to pay a fine of 14,000 for damages. The court considered that the conscious use of the word 'maricón' (faggot) "constitutes a serious breach of the employer's obligations to respect the privary and dignity" of his employee. With that, the employee's claim has been partially upheld.
The case dates back to May 2024, when the employee had begun a period of temporary disability due to a diagnosis of "dysthymic disorder", which he communicated to the company. Two weeks later, he received the pay slip for his salary with an offensive description referring to his sexual orientation.
The defendant argued that the reference given for the transaction was not the one he had indicated, accusing the bank. However, after viewing the bank's security cameras and seeing that the transfer was carried out at the branch's counter, the court stated that it was the employer who ordered the derogatory reference to be written. It is therefore implausible that it was the bank employee who came up with it.
The ruling states that the employer's action "constitutes a serious breach" of his obligation to respect the privacy and dignity of the worker. Moreover, the court said that there was no labour conflict or heated conversation to promote such behaviour and use of expressions.
As a result, the work relationships and contract were ended. In addition, the court ordered the bakery owner to pay a compensation of 3,759.94 euros for unfair dismissal and another 10,000 euros for discriminatory treatment.
The former employee's lawyer, Cristina Morones, stated that this is a "pioneering ruling", as it "represents an important step forward in the effective protection of the rights of LGBT+ people in the workplace and constitutes a precedent in the fight against discrimination based on sexual orientation in the workplace".
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