The Aruba Autism Foundation, “Fundacion Autismo Aruba” is one of the few organizations on the island that works specifically for the interest of people with autism, their families and caretakers.
Founded in 2005, the foundation was recently in the news, mid-May, when the National Committee on Autism was established creating a link between three different ministries, the Ministry of General Affairs, Innovation, Governmental Organization, Infrastructure, and Territorial Planning, in other words our Prime Minister’s office, the Ministry of Public Health & Tourism, and the Ministry of Justice and Social Affairs.
Foundation president, Carolina Thiel-Span had the distinct pleasure to see the committee reinstituted. It will start working on joint projects, around September 2024.
The community of individuals with autism on Aruba counts between 3,000 and 5,000, all with different needs, on a very wide spectrum. With a National Committee in place funds will now be available from three different ministerial budgets. Carolina Thiel Span, a policy writer for the foundation and its president, will be leading the upcoming activities, among the most important, an inventory, an actually study of autism on Aruba, the specific number of people, and their needs in depth, before making any suggestions for future additional legislation.
The National Committee will include experts on the subject, from all three ministries, tasked with promoting the understanding of autism, a condition that comes with great challenges and even greater gifts.
The foundation recently attended an international forum titled “Call to Action,” at the United Nations in NYC, with the goal of improving life and services for people on the spectrum on the island, fostering better contact and collaboration with international resources and advancing inclusion in our community and job market.
An extensive article on the subject, also focusing on Equal Treatment and Non-Discrimination was recently published here by lawyer Lincoln Gomez, who quoted Labor Ordinance 2013 that sets a foundation for non-discrimination in the workplace, which can significantly aid in including autistic individuals.
In his article Gomez explored how specific sections of this ordinance provide legal support for fair treatment of people with autism during hiring and employment.
For example: Article 646 explicitly mandates that employers must not discriminate based on gender when entering employment contracts, training, or setting employment conditions. While this article primarily focuses on gender, the principles of non-discrimination and equal treatment extend to all individuals, including those with autism. The ordinance defines discrimination broadly, encompassing both direct and indirect discrimination, thus providing a comprehensive legal shield against unfair treatment.
The article then goes on to discuss the Practical Implications for Inclusion, in the Hiring Process, Training and Promotion, Working Conditions, and Protection Against Retaliation, which is a crucial legal safeguard for fostering an inclusive and supportive work environment.
Another aspect under discussion in the article is Enforcement of Non-Discrimination, achieved by the reversal of the burden of proof. If an autistic individual believes they have faced discrimination, the employer must prove that no violation occurred. This shifts the obligation onto the employer, making it easier for individuals to challenge discriminatory practices.
According to Thiel-Span this was helpful in the case of a person with autism that was found ‘annoying’ by coworkers and so fired. His colleagues did not understand his insistence on punctuality and on time delivery and interpreted it as an annoyance.
A company that decides to hire individuals with autism, often brilliant additions to the organization, must undergo an audit, asking themselves crucial questions about their readiness, before attempting to hire. A special website could help them prepare management and coworkers, infrastructure, and policies. It is a simple process, says Thiel-Span, but necessary.
In closing, according Gomez, the Aruba Labor Ordinance 2013 provides a legal basis for the inclusion of autistic and other individuals in the workforce. The ordinance helps create an inclusive work environment where individuals can thrive. As awareness and understanding of autism continue to grow, these legal protections play a crucial role in fostering diversity and inclusion in the workplace.
