People with disabilities at work in Brazil: quota, rights, accommodation and dismissal rules

Employers with 100 or more employees must fill 2% to 5% of positions with people with disabilities or workers rehabilitated by the INSS (Law 8,213/1991, art. 93). Dismissal without cause of an employee with a disability, at an employer subject to the quota, can only take place after hiring another worker in a similar condition. The Brazilian Inclusion Law guarantees reasonable accommodation and prohibits discrimination.

Quick summary

• Quota: 100 to 200 employees → 2%; 201 to 500 → 3%; 501 to 1,000 → 4%; over 1,000 → 5%.
• Dismissal without cause: conditional on hiring a replacement in a similar condition (art. 93, §1).
• Reasonable accommodation: adjustments to the workstation, hours and assistive technology (Law 13,146/2015).
• Discrimination in hiring, pay or promotion is prohibited.
• Apprentices with disabilities: no maximum age or contract length.

Quota table

• 100 to 200 employees — 2% of positions
• 201 to 500 — 3%
• 501 to 1,000 — 4%
• 1,001 or more — 5%

Day-to-day rights

1. Equal pay with colleagues in the same role — see Equal pay.
2. Physical and digital accessibility in the workplace.
3. Adjusted hours and tasks, when necessary.
4. Protection against harassment and ableist remarks — see Workplace bullying.
5. Participation in training and promotion opportunities.

If you were dismissed

• Check whether the employer is subject to the quota and hired a replacement.
• If it did not, you can seek reinstatement or compensation.
• If the dismissal was discriminatory, see Discriminatory dismissal.

Frequently asked questions

Do small businesses have to meet the quota?

No. The quota applies to employers with 100 or more employees.

Can the employer pay people with disabilities less?

No. Pay discrimination is prohibited.

How do I report non-compliance with the quota?

To the Ministry of Labor, through gov.br, or to the Public Labor Prosecutor's Office (MPT) — see Reporting labor violations.

Read more in this series

• Discriminatory dismissal: when firing is illegal
• Young apprentices: age, pay and rights
• Equal pay
• Workplace bullying
• Index: complete guide to labor rights