Section 32Sec./Art. 32

Discrimination on Employment. - No entity, whether public or private, shall discriminate against a qualified disabled person by reason of disability in regard to job application procedures, the hiring, promotion, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment.

The following constitute acts of discrimination:

a. Limiting, segregating or classifying a disabled job applicant in such a manner that adversely affects his work opportunities;

b. Using qualification standards, employment test or other selection criteria that screen out or tend to screen out a disabled person unless such standards, test or other selection criteria are shown to be job-related for the position in question and are consistent with business necessity;

c. Utilizing standards, criteria, or methods of administration that:

1. have the effect of discrimination on the basis of disability; or

2. perpetuate the discriminations 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 disabled persons;

h. Failing to select or administer in the most effective manner employment test which accurately reflect the skills, aptitude or other factor of the disabled applicant or employee that such test purports to measure, rather than the impaired sensory, manual or speaking skills of such applicant or employee, if any; and

i. Excluding disabled persons from membership in labor unions or similar organizations.