Can Brazilian employers require pregnancy tests before dismissing employees?

Brazilian law entitles pregnant employees to temporary protection from dismissal from the date of confirmation of the pregnancy until five months after giving birth. The law expressly prohibits a pregnancy test as a requirement for offering or maintaining employment, but lacks a provision related to a test upon dismissal.
 
The Superior Labor Court recently denied pain and suffering damages claimed by a former employee whose employers subjected her to a pregnancy test when her contract was terminated.

Patricia Barboza and Poliana César, respectively partner and associate at CGM’s labor practice group, cover the Court’s decision in a new article published by the International Law Office.

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