Module 2: Neurodiversity

Legal Foundations and Basic Principles

The microlearning modules are grounded on existing Philippine legislation, namely the The Magna Carta for Persons with Disabilities (Republic Act 7277 and amended with RA 9442 and RA 10524) and the Labor Code of the Philippines. There are notable provisions to consider in the implementation of neurodiversity inclusion in the workplace.

Equal Opportunity for Employment

The Magna Carta for Persons with Disabilities states that no person with a disability shall be denied access to opportunities for suitable employment. The law requires that at least one percent (1%) of all positions in all government agencies, offices, or corporations shall be reserved for persons with disabilities. Private corporations with more than one hundred (100) employees are encouraged by the law to reserve at least one percent (1%) of all positions for persons with disability (Republic Act No. 7277, 1991 as amended by Republic Act No. 10524, 2012). Legal incentives for private entities will be discussed further in the next module.

Discrimination on employment

A qualified person with a disability cannot be discriminated against by any entity, whether public or private, by reason of disability. No discrimination against the qualified disabled person shall be made with respect to job application procedures, the hiring, promotion, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment (Republic Act No. 7277, 1991).

For the same position or work, a qualified employee with a disability should be given the same terms and conditions of employment and the same compensation privileges, benefits, fringe benefits, incentives, or allowances as a qualified able-bodied person.

Current Employment Practices

It is common with neurodivergent job seekers, and job seekers with disabilities in general, to rely on their friends, family, training institutions, and disability-dedicated organizations in job hunting. In the study of the Experiences of Selected Philippine Business Organizations, the companies' neurodivergent employees were accommodated mainly due to their relationship with the employers.

As such, the participating companies did not have a formal human resources (HR) policy in overseeing neurodivergent employees. The adjustments made around their employment were informal and depended on a case-to-case basis—which caused struggles due to the lack of baseline practices to act as a guide.

With that, the following modules aim to provide employers with a starting point on the relevant topics and practices involved in creating more inclusive workplaces. The next module, in particular, will discuss the business case for neurodiversity inclusion in the workplace.