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Labor Court Decision Highlights The Importance Of Inclusion And Accessibility For People With Disabilities In The Labor Market!
The 3rd Labor Court of Santo André (SP) decided to order a business group in the transportation learning sector to pay damages of R$ 35 thousand to a deaf administrative assistant. The reason for the sentence was the permanent absence of a Brazilian Sign Language (Libras) interpreter, which resulted in a lack of real inclusion for the employee, as reported by Judge Diego Petacci.
Isolation In The Workplace
The administrative assistant claimed that she faced communication difficulties during meetings and in her daily tasks.
She reported that she interacted with colleagues through lip reading, a skill that depended on the speed of the speakers’ speech.
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Due to the feeling of exclusion, the worker eventually resigned.
This type of isolation can have serious consequences for the mental and emotional health of the worker.
The lack of effective communication not only hinders the execution of tasks efficiently but also compromises the building of healthy interpersonal relationships in the workplace.
The assistant’s account is a clear example of how the absence of adequate support can lead to a hostile and exclusionary environment.
The Defense And Argumentation Of The Business Group
In its defense, the business group argued that the assistant performed her duties normally, such as processing invoices, and that the position did not require public interaction.
The company also highlighted that it offered a Libras course for employees and that the interpretation professional was hired only for specific events.
However, this justification was deemed insufficient by the judge.
The mere offer of courses does not replace the need for an interpreter present to ensure communication in daily routines.
The work of a Libras interpreter is essential for deaf workers to fully participate in the work environment, contributing to their roles and interacting with colleagues.
Testimony Of The Libras Interpreter
During the proceedings, the Libras interpreter who was occasionally hired stated that she provided services for the claimant three or four times, such as at courses and a job fair.
However, she emphasized that these interactions did not allow for a deep learning of communication in Libras.
This lack of continuity in providing interpreters demonstrates the inadequacy of the business group’s practices concerning the employee’s needs.
Foundation Of The Court’s Decision
Judge Diego Petacci cited the Brazilian Inclusion Law (Law 13.146/2015), which ensures accessible and inclusive environments for people with disabilities, as well as Decree 6.949/09, which requires reasonable accommodations to promote inclusion in the labor market.
The magistrate noted that companies often claim “excessive costs” to implement inclusive measures but emphasized that this justification should not prevail, as it would compromise effective inclusion.
Petacci highlighted that companies did not take sufficient measures to ensure the claimant’s full inclusion, holding them jointly responsible for the situation.
He stated that “inserting a deaf person without guaranteeing her means of communication and expression in her native language, Libras, is the same as denying her own identity.”
The magistrate concluded that the claimant was segregated in the workplace due to the lack of real inclusion, representing only an insertion to meet quotas for People with Disabilities (PCD).
The Impact Of The Court’s Decision In The Labor Market
The sentence is an important milestone in the context of inclusion and accessibility in Brazil.
It reinforces the responsibility of companies to create work environments that respect and value diversity.
The decision also serves as a warning to other organizations about the need to implement inclusive policies that not only comply with the law but also foster a healthy and equitable work environment.
Furthermore, the lack of a Libras interpreter can result in significant legal and financial consequences for companies.
Failure to comply with inclusion standards can lead to labor lawsuits and a negative reputation in the market.
Thus, investing in accessibility is not just a legal compliance issue but a smart strategy to promote a more productive and collaborative work environment.
The Importance Of Including Deaf People In The Labor Market
The inclusion of deaf people in the labor market is essential to ensure diversity and equity.
The presence of workers with disabilities enriches teams, bringing new perspectives and experiences.
Moreover, inclusion promotes awareness of Brazilian Sign Language and deaf culture, contributing to the building of a fairer society.
Companies that adopt inclusive practices also benefit from increased employee satisfaction and retention.
Employees who feel valued and included tend to be more engaged and productive.
Therefore, investing in accessibility and inclusion is not only a legal obligation but also an opportunity for organizations to stand out in an increasingly competitive market.
Reflections On Inclusion And The Future Of Accessibility Policies
The case of the deaf administrative assistant highlights the urgent need for a cultural shift in organizations.
Inclusion must be a priority, and this involves not only hiring people with disabilities but also creating environments where all employees can communicate and collaborate effectively.
As society moves towards greater inclusion and acceptance of differences, it is crucial for companies to adapt and take responsibility for promoting an accessible and welcoming work environment.
Judge Diego Petacci’s decision is an important step in that direction, drawing attention to the need for concrete actions that ensure the dignity and rights of all workers.
With information from the press office of the TRT-2.
For more details, consult case number 1002193-14.2024.5.02.0433.
SOURCE: CONJUR
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