Company under fire for dismissing autistic employee proposing modifications
In a landmark ruling, the Second Panel of the Regional Labor Court (TRT-MG) in Minas Gerais, Brazil, has ordered a company to pay R$ 10,000 in moral damages to an autistic employee who was dismissed without cause. The dismissal was deemed discriminatory by the court, which recognised the employer's duty not only to avoid discrimination but to promote inclusion in the workplace. The judge emphasised that the law guarantees people with disabilities, including those with Autism Spectrum Disorder (ASD), the right to reasonable accommodations to ensure equality. The autistic worker, who was dismissed a month after presenting a medical report with recommendations for inclusion, had initially been ordered to receive R$ 25,000 in moral damages. However, the appeals court reduced the compensation to R$ 10,000, noting that this amount is compatible with the gravity of the case and the company's economic capacity. The medical report recommended a quieter workspace, soft lighting, neutral colours, headphones, productivity software, an ergonomic chair, regular breaks in a quiet place, and a mentor for social interaction. The company, however, only provided isolated measures, such as a new chair and a laptop stand, and offered remote work decoupled from the worker's actual needs, which was considered a subtle form of exclusion by the judge. The case exposes the contrast between the discourse of inclusion and the practice within companies, according to the judges' considerations. The magistrate found a lack of empathy on the part of the former employer, as the worker received automated responses without a concrete explanation for his dismissal. The psychiatrist explained that ASD can affect social interaction, communication, and behaviour. The autistic worker stated that the unemployment rate for autism is the highest of all due to diagnostic errors and misinterpretations of behaviour. The Second Panel of the Regional Labor Court of Minas Gerais maintained its understanding that the dismissal was discriminatory. The autistic worker also appealed to increase the value of the compensation for moral damages. As of now, the specific company condemned by the court remains unidentified in search results. This ruling serves as a reminder to employers to prioritise inclusion and provide reasonable accommodations for employees with disabilities. It also highlights the importance of understanding and empathy in the workplace, ensuring a fair and inclusive environment for all.
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