Law 21.545 and the Inclusion of People with Autism Spectrum Disorders (ASD) in the Workplace: Perspectives and Realities

Law 21.545, enacted in Chile, has sparked significant debate regarding the classification and treatment of autism spectrum disorders (ASD). This legislation establishes that autism is not considered a disability under the current legal framework, which has raised concerns and reflections within the community, both professionally and personally.

Law 21.545 and Its Impact on the Recognition of ASD

According to Law 21.545, autism is not classified as a disability. This means that even if a person has a medical evaluation confirming their ASD diagnosis, they are not legally recognized as a person with a disability. This can create confusion, as obtaining a disability credential is voluntary and not mandatory, serving only as support in legal or corporate situations.

The Disability Credential: Is It Necessary?

The disability credential provides legal and corporate support, facilitating access to certain services and workplace accommodations. However, Law 21.545 clarifies that no healthcare professional can compel a person to obtain this credential, as it is a voluntary process. This credential can be beneficial in situations where official validation of a disability is required, particularly in legal cases or to access specific corporate resources.

Challenges and Opportunities for People with ASD

The process of obtaining a disability credential can be complicated, and in some cases, the associated benefits are limited, especially for those without higher education or who face additional barriers in the educational field. People with ASD often encounter significant challenges in their academic and professional journeys. Despite these obstacles, many universities and companies are beginning to recognize the importance of inclusion and are developing programs to support students and employees with ASD.

The Role of Universities and Companies in Inclusion

In the educational context, it is crucial that universities and higher education institutions have inclusion and diversity departments. These departments play an essential role in creating accessible environments and providing the necessary support for students with ASD. Inclusion should not be limited to a mere statement; it must be reflected in daily practices and organizational culture.

Companies are also evolving in terms of inclusion. The trend towards inclusion and diversity is on the rise, and this is expected to be a priority in the field of human resources by 2024. Organizations that adopt a truly inclusive culture demonstrate their commitment to the added value that diversity brings, not only in terms of legal compliance but also in enhancing the employee experience.

Cultural Intelligence and Continuous Training

A key to improving inclusion is cultural intelligence, which involves understanding and respecting diverse experiences and perspectives. Continuous training on inclusion and disability is essential for all members of an organization, not just the HR team. This approach helps build a more equitable and accessible work environment for everyone.

Final Reflections

Law 21.545 has opened up space for reflection and dialogue on the recognition and inclusion of people with ASD. Although the law establishes that autism is not considered a disability, obtaining a disability credential can provide valuable support in specific situations. It is essential that both educational institutions and companies continue to move towards inclusive practices that benefit all people, regardless of their personal characteristics.

This article stems from the live event titled "Autism Is Not a Limitation: The Inspiring Career of an Autistic Professional," where Ángel Vargas was interviewed. During the conversation, crucial topics about inclusion and opportunities for people with ASD were discussed, offering valuable insights on how to overcome barriers and achieve success in the professional realm.