Article 31Labor and Agrarian Laws and Social Legislation, p. 31

LABOR LAWS AND SOCIAL LEGISLATION SPECIAL LAWS AND IMPLEMENTING RULES AND REGULATIONS

1) have the effect of discrimination on the basis of

disability; or

2) perpetuate the discrimination of others who

are

subject

to

common

administrative

control.

d) Providing less compensation, such as salary, wage

or

other

forms

of

remuneration

and

fringe

benefits, to a qualified disabled employee, by

reason of his disability, than the amount to which

a non-disabled person performing the same work

is entitled;

e) Favoring a non-disabled employee over a qualified

disabled employee with respect to promotion,

training

opportunities,

study

and

scholarship

grants, solely on account of the latter's disability;

f) Re-assigning or transferring a disabled employee to

a job or position he cannot perform by reason of

his disability;

g)

Dismissing

or

terminating

the

services

of

a

disabled employee by reason of his disability

unless the employer can prove that he impairs

the satisfactory performance of the work involved

to the prejudice of the business entity: Provided,

however ,

That

the

employer

first

sought

to

provide reasonable accommodations for persons

with disability;

h) Failing to select or administer in the most effective

manner

employment

tests

which

accurately

reflect the skills, aptitude or other factor of the

disabled applicant or employee that such tests

purports to measure, rather than the impaired

sensory,

manual

or

speaking

skills

of

such

applicant or employee, if any; and

i) Excluding persons with disability from membership

in labor unions or similar organizations.

SECTION 35. Employment Entrance Examination .

— Upon an offer of employment, a disabled applicant

may

be

subjected

to

medical

examination,

on

the

following occasions:

a) all entering employees are subjected to such an

examination regardless of disability;

b) information obtained during the medical condition

or

history

of

the

applicant

is

collected

and

maintained on separate forms and in separate

medical files and is treated as a confidential

medical record; Provided, however , That:

1) supervisors and managers may be informed

regarding necessary restrictions on the work

or duties of the employees and necessary

accommodations;

2) first aid and safety personnel may be informed,

when

appropriate,

if

the

disability

may

require emergency treatment;

3) government officials investigating compliance

with

this

Act

shall

be

provided

relevant

information on request; and

4) the results of such examination are used only

in accordance with this Act.

CHAPTER 2 Discrimination on Transportation

SECTION 36. Public Transportation . — It shall be

considered

discrimination

for

the

franchisees

or

operators

and

personnel

of

sea,

land,

and

air

transportation facilities to charge higher fare or to refuse

to convey a passenger, his orthopedic devices, personal

effects, and merchandise by reason of his disability.

CHAPTER 3 Discrimination on the Use of

Public Accommodations and Services

SECTION 37. Public Accommodations and Services .

— For purposes of this Chapter, public accommodations

and services shall include the following:

a) an inn, hotel, motel, or other place of lodging,

except for an establishment located within a

building that contains not more than five (5)

rooms

for

rent

or

hire

and

that

is actually

occupied by the proprietor of such establishment

as the residence of such proprietor;

b) a restaurant, bar, or other establishment serving

food or drink;

c) a motion picture, theater, concert hall, stadium, or

other place of exhibition or entertainment;

d) an auditorium, convention center, lecture hall, or

other place of public gathering;

e) a bakery, grocery store, hardware store, shopping

center, or other sales or rental establishment;

f) a bank, barber shop, beauty shop, travel service,

funeral parlor, gas station, office of a lawyer,

pharmacy, insurance office, professional office of

a health care provider, hospital or other service

establishment;

g)

a

terminal,

depot,

or

other

station

used for

specified public transportation;

h) a museum, gallery, library or other place of public

display or collection;

i) a park, zoo, amusement park, or other place of

recreation;

j) a nursery, elementary, secondary, undergraduate, or

post-graduate private school, or other place of

education;

k)

a

gymnasium,

health spa, bowling alley, golf

course; or

l) other place of exercise or recreation.

SECTION 38. Discrimination on the Use of Public

Accommodations . — a) No disabled person shall be

discriminated on the basis of disability in the full and

equal

enjoyment

of

the

goods,

services,

facilities,

privileges, advantages or accommodations of any place of

public accommodation by any person who owns, leases,

or

operates

a

place

of

public accommodation. The

following constitute acts of discrimination:

1) denying a disabled person, directly or through

contractual, licensing, or other arrangement, the

opportunity to participate in or benefit from the

goods, services, facilities, privileges, advantages,

or accommodations of an entity by reason of his

disability;

2) affording a disabled person, on the basis of his

disability,

directly

or

through

contractual,

licensing,

or

other

arrangement,

with

the

opportunity to participate in or benefit from a

good

service,

facility,

privilege,

advantage, or

accommodation that is not equal to that afforded

to other able-bodied persons; and

3) providing a disabled person, on the basis of his

disability,

directly

or

through

contractual,

licensing, or other arrangement, with a good,

service,

facility,

advantage,

privilege,

or

accommodation that is different or separate form

that

provided

to

other

able-bodied

persons

unless such action is necessary to provide the

disabled person with a good, service, facility,

advantage, privilege, or accommodation, or other

opportunity that is as effective as that provided to

others;

For purposes of this Section, the term "individuals or

class of individuals" refers to the clients or customers of

the covered public accommodation that enters into the

contractual, licensing or other arrangement.

b) Integrated Settings — Goods, services, facilities,

privileges, advantages, and accommodations shall be

afforded

to

individual

with a disability in the most

integrated

setting

appropriate

to

the

needs

of the

individual.

© Compiled By RGL

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