Inclusion of people with disabilities in the labor market – 07/25/2023 – Policies and Justice

Inclusion is still a debate that permeates various levels of discussion in Brazil, and it is necessary to constantly think about new inclusive and non-excluding attitudes towards people with disabilities. But, despite significant advances, we are still faced with a worrying barrier: companies’ resistance to complying with legal quotas for these workers.

Our country has more than 17 million people with disabilities, that is, 8.4% of the population over two years old, according to a survey carried out by the Brazilian Institute of Geography and Statistics (IBGE), in 2019. Thus, according to art. 93, of Federal Law n.º 8.213/91, companies with one hundred or more employees must fill from 2% to 5% of the positions with persons with qualified disabilities or rehabilitated beneficiaries.

However, some companies have shown “difficulty” in meeting this quota. By demanding experience in functions, domain and knowledge in specific activities, knowledge in other languages, availability to work in shifts, among other requirements, which end up disqualifying most workers with disabilities and hindering social inclusion. We still have, perhaps, the ideology of disability of these workers, an even more critical barrier.

Difficulty in establishing which vacancies are for people with disabilities (as well as the low attractiveness due to the “poor” quality of vacancies for people with disabilities), resistance from managers and little support from leadership for hiring the profile, are some of the situations found in the routines of companies.

In addition, in order to avoid this obligation, many companies advertise vacancies in an attempt to fill the quota or justify that there is not enough manpower in the job market. Going beyond the mere disclosure of vacancies, some companies demonstrate complications in identifying and internal mapping about their activities and what the market can offer, and the difficulty in meeting the quota is rooted as a structural problem in the corporate world.

With that in mind, the Public Ministry of Labor and the Labor Court have been acting incisively to impose effective compliance with the quota on companies, considering the “resistance” of some employers.

In addition to imposing a fine for non-compliance by the employer —which can range from R$3,100.06 to R$310,004.70 per non-contracted professional—, the Labor Court also applies fines for collective moral damage.

In addition, under the terms of the law, Normative Instruction No. 98/2012 guarantees access to the stages of recruitment, selection, hiring and admission, training and professional advancement, without the occurrence of exclusions based on disability or rehabilitated condition, having as a parameter the real individual potential and skills required for the activity.

That said, it is important to highlight an element that is on the rise in the process of including people with disabilities in companies: the adoption of an active attitudinal posture. Essential to consolidate inclusion, companies must adopt effective measures with the intention of reducing the exclusion barriers faced by people with disabilities to work, in addition to adapting the work environment, with a paradigm shift and adaptations for accessibility of these professionals.

We are not saying that non-compliance with the quota is the sole fault of the company, since this is the result of a society historically structured by capacitism, exclusion and segregation, however, there is a need to prove that the company is adapting to its social function. Improving processes and creating an accessible environment is important, but transforming the vision and organizational culture within companies so that everyone understands the potential of people with disabilities is essential.

There are numerous ways for companies to meet the quota, such as internal assessment or the creation of projects and partnerships, however, this should just be a mere detail and not the element that motivates the hiring of the disabled person. Social inclusion of people with disabilities is a sensitive issue that needs attention, and it is increasingly costly for companies not to hire these workers.

The editor, Michael França, asks each participant of the space “Politics and Justice” of the Sheet suggest a song to the readers. In this text, the one chosen by Carlos Eduardo Ferreira was “Maior Que As Muralhas”, by Fresno.

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