The "black list": a study of discriminatory practice of hiring of employees and their fundamental rights affront to

Abstract

It has performed a study on discriminatory practices in employment relationships, especially those perpetrated at the time of selection of candidates for the vacancy. It was found that the act of the employer to select employees based on the content of "black lists" is a discriminatory practice and that shame many fundamental rights of the employee, as the right to honor, privacy, right to work and right of action . There was a collision of fundamental rights, noting, through the principle of proportionality and balancing of values, that fundamental rights of the employee, directly linked to human dignity, overrides any procedure to individualize the employee because of past behavior, especially when it comes to discriminatory procedures as those of "blacklists".