Region: Americas
Disability Definition
According to the Brazilian Law on the Inclusion of Persons with Disabilities, a person with a disability is considered to be a person who has a long-term impairment of a physical, mental, intellectual or sensory nature, which, in interaction with one or more barriers, may hinder their full and effective participation in society on equal terms. with the other people.
Legislation
On January 2, 2016, the Brazilian Law on the Inclusion of Persons with Disabilities (Law no. 13,146/2015) took effect in Brazil. Designed to be a breakthrough toward guaranteeing rights for as many as 45 million people with disabilities living in Brazil.
This Law declares that States Parties shall “take all appropriate measures, including legislation, to modify or abolish existing laws, regulations, customs and practices that constitute discrimination against persons with disabilities.”
Employer Legal Requirements
Companies in Brazil need to meet a hiring quota for persons with disabilities that ranges from 2% to 5% depending on company size:
- Fewer than 100 employees – no requirement
- 00 to 200 employees – 2%
- 201 to 500 employees – 3%
- 501 to 1000 employees – 4%
- Over 1000 employees – 5%
A certification of disability is required for every employee used to fill the quota, must provide training for people with disabilities who lack prior job experience, offer reasonable accommodations for employees with disabilities, and guarantee equal pay for equal work between employees with disabilities and employees without disabilities.
To fulfill the quota obligation, the data/information is part of monthly mandatory forms (Cadastro Geral de Empregados e Desempregados or “CAGED”) that must be submitted to the labor authorities on a monthly basis.
Fines from employment authorities range from BRL 2,300 to BRL 231,000 per unfilled disabled position. The exact amount is set by the employment inspector, based primarily on (i) the company´s records in terms of compliance to the Disability Quota (i.e., if the company is a repeated offender); (ii) the company´s financial capacity; and (ii) the size of the company (i.e., number of employees).
Accessibility Requirements
ICT accessibility and reasonable accommodation are defined in the law. One of the articles of the 2015 Inclusion for People with Disabilities Act makes accessibility mandatory on websites maintained by government agencies or by companies with headquarters or commercial representation in the country.
G3ict and the Government of Brazil signed an agreement in June 2018 to Cooperate on ICT Accessibility Policies and Programs.
Cultural Norms
According to a report done by Human Rights Watch, many people with disabilities in Brazil “are locked away in institutions in abysmal conditions, with no control over their lives.” In these institutions, many of their basic liberties, such as choosing what to eat in a day, are taken away from them.
Social stigmas around disability in Brazil are such that depression and other mental health conditions are sometimes seen as signs of an inability to perform.
Reference: Brazil: People With Disabilities Confined in Terrible Conditions | Human Rights Watch (hrw.org)
Business Practices/Examples
Additional content coming soon.Insights
“In 2019, according to the National Survey of Health (PNS), 17.3 million persons aged two and over (8.4% of this population) had one of the disabilities investigated (visual, hearing, mental, limb impairment). Only 28.3% of the persons with disabilities at working age (14 and over) were actually in the workforce, against 66.3% of persons without disabilities. Approximately 67.6% of the population with disabilities did not have schooling or had incomplete primary education, in comparison with 30.9% for persons without any of the disabilities surveyed.”
Reference: PNS 2019: Brazil has 17.3 million persons with some type of disability | News Agency (ibge.gov.br)
Supplier Diversity
Certification is in place for women-owned business enterprises (WeConnect).
Certification or Business Network is in place for LGBT-owned enterprises (NGLCC Network: Câmara de Comércio Lésbica, Gay, Bisexual e Transgênera Brasileira (CCLGBTB)).
Brazil is part of the Out and Equal Global Network.
Talent Sourcing Resources
National Employment System (SINE). Placement Agency of the Ministry of Labour and Employment SINE agencies are present in all 27 Brazilian states. Services include operating a database with job vacancies; orientation about rights, legislation and more.
Support Program for Persons with Disabilities (PADEF) Support placement program specifically for persons with disabilities in Sao Paulo. It provides job placement services and orientation for persons with disabilities concerning labour market, legislation, rights, etc.
IBDD Brazilian Institute for the Rights of Persons with Disabilities provides recruitment and selection, training and preparation, professional development, job mapping and accessibility diagnostics.
Center for Independent Living in Rio de Janeiro (Centro de Vida Independente do Rio de Janeiro) Through the CVI-Rio Employability Program, provides recruitment, selection, preparation, competency development, and offers a Supported Employment model.
Specialisterne specializes in training and employment for people with ASD and IT services for clients.
Additional Resources
Rede Empresarial de Inclusao Social (REIS) is an entrepreneurial Network for Social Inclusion aims to bring together and mobilize Brazilian companies to promote the inclusion of people with disabilities in the labor market by sharing knowledge and identifying good practices, networking, developing partnerships and projects to create qualifying services and hiring and retaining people with disabilities.
National Service for Industrial Training (SENAI) provides technical education aimed at promoting industrial innovation. SENAI Program of Inclusive Actions (PSAI) facilitates access for people with disabilities to SENAI courses. It provides books on inclusive professional education; dictionaries of Brazilian sign language with specific terms in Electronic and other industrial areas; E-learning courses about inclusion for teachers. SENAI schools provide a wide range of skills training courses.
Associação Niteroiense dos Deficientes Físicos (Andef). One of the reasons that Andef was founded in 1981 was that the founder of the institution, Tania Rodrigues, was responsible for the job bank in the International Year of Disabled Persons, established by the UN. Since then, the Generation of Employment and Income has been one of the main objectives of Andef as an organization. In 2014, Andef reached the mark of 25 contracted companies, where about 800 employees with disabilities play different roles.
The Brazilian Federation of Down Syndrome Associations (FBASD) The Down Federation aims to guarantee the rights of health, education, social assistance, work, culture and other areas, in relation to Down syndrome, and in general to all intellectual disabilities. , while defending, where necessary, the cause of the disabled person. To comply with the incident legislation was defined as its preponderant area of action social assistance.
The Latin American Network of Non-Governmental Organizations of Persons With Disabilities and their Families (RIADIS) is a network formed by organizations of persons with disabilities from 19 countries in Latin America and the Caribbean. Formed in 2002, RIADIS represents national DPOs as well as several NGOs acting as technical collaborators.
References
The Brazilian Law on the Inclusion of Persons with Disabilities.
NGOs
Catho – a technology company that operates as an online job and resume search engine. Catho has the largest base of candidates with disabilities. Companies are able to post jobs for free.
Inklua – seeks to open paths and facilitate access to the job market for thousands of people with disabilities, throughout Brazil. Inklua promotes assertive connections between professionals and opportunities.
PCD Online – Provides a job portal for people with disabilities for the Human Resources professionals.
Talento Incluir – connect with partners that carry out the Recruitment and Selection in an assertive and complete manner. They offer solutions that ensure inclusion is consistent – such as monitoring the hired professional, research between hired and manager, ambiance etc.
Egalite – Social business that has developed an online recruitment platform that incorporates a behavioural profile evaluation tool and free e-learning courses adapted for persons with disabilities.