Equal opportunity

Dear Atty. Maan,

One of my colleagues was involved in an accident and became wheelchair-dependent. Nevertheless, his performance and productivity have remained the same since he has a desk job that only requires typing and writing. Does the law regarding handicapped workers apply to him?

Janne

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Dear Janne,

Under Section 5 of RA 7277, as amended by RA 10524, a qualified disabled employee shall be subject to the same terms and conditions and the same compensation, privileges, benefits, fringe benefits, incentives or allowances as a qualified able-bodied person. Under Section 6 of the IRR of RA 10524:

“Section 6. Equal Employment Opportunity

Opportunity for suitable employment shall be open to all qualified PWDs. Efforts shall be exerted to provide qualified PWDs equal opportunity in the selection process based on qualification standards prescribed for an appointment to a position in government and requirements set by the employers in private corporations. No PWD shall be denied access to opportunities for suitable employment.

A qualified employee with disability shall be subject to the same terms and conditions of employment and the same compensation, privileges, benefits, fringe benefits, incentives, or allowances as an employed able-bodied person.

A person with disability shall not be discriminated on the basis of disability with regard to all matters concerning all forms of employment, including conditions of recruitment, hiring and employment, continuance of employment, career advancement, and safe and healthy working conditions.”

A qualified disabled person is an employee who can perform, with or without reasonable accommodations, the essential functions of her employment. In this case, your colleague is a qualified disabled person. There was no allegation that he cannot perform the essential functions of her employment.

Hope this helps.

Atty. Mary Antonnette Baudi